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(영문) 서울동부지방법원 2014.12.17 2014나1357
구상금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Facts of recognition;

A. The party status is a non-profit corporation established for the purpose of common welfare and friendship among the members of the association with a person holding a license for private taxi transport business in Seoul Special Metropolitan City, which is a non-profit corporation that has established for the purpose of common welfare and friendship among the members of the association, and conducts the business of compensating for the damage to a vehicle or body caused by an accident during the period of possession, use, and management of the vehicle, and A is the owner of a private taxi (hereinafter “Plaintiff”) who is the owner of B private taxi and is a member of the association, and the defendant is a mutual aid business operator who has entered into a mutual aid agreement for C bus (hereinafter “Defendant vehicle”).

B. On May 12, 2012, A, while driving the Plaintiff’s vehicle on May 12, 2012, around 20:34, three lanes in the three-lanes of Jongno-gu Seoul Jongno-ro 2, the two-lanes of the two-lanes of the two-lanes of the two-lanes are going slowly due to the string of the vehicle, and the two-lanes of the vehicle was repeated due to the string of the vehicle. The driver of the Defendant vehicle driving the Defendant vehicle in the same direction as the two-lanes of the said road while driving the said two-lanes of the Plaintiff vehicle, and driving the three-lanes on the right side of the Plaintiff vehicle into the right side of the Defendant vehicle.

The defendant vehicle seems to have attempted to change the lane; hereinafter referred to as "accident of this case").

On August 13, 2012, the Plaintiff paid KRW 1,938,000 (including value-added tax) out of KRW 2,278,843 of the amount claimed for the repair cost of the Plaintiff’s vehicle destroyed by the instant accident to the Dmotor Vehicle Industrial Complex that repaired the Plaintiff’s vehicle.

[Ground of recognition] without any dispute, Gap evidence 1, Gap evidence 2-1 through 3, Gap evidence 3, Gap evidence 4-1 through 3, Gap evidence 5-1 through 6, Gap evidence 6-1, 2, Gap evidence 7, and 9-1 through 3, and the whole purport of the pleadings, as a result of the verification of the video CD of the party, and the whole purport of the pleadings.

2. The Parties.

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