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(영문) 서울중앙지방법원 2016.11.09 2015나65959
손해배상(기)
Text

1. The plaintiff's appeal is all dismissed.

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

Purport of claim and appeal

1...

Reasons

1. Basic facts

A. On April 24, 2014, the Plaintiff was the owner of DWts’ automobiles (hereinafter “instant automobiles”), and delivered the instant automobiles to E by requesting repair of the instant automobiles.

B. E, on behalf of the Plaintiff, sent the G vehicle to the Plaintiff by sirening from the F Eastern Industrial Business Office that Defendant C is an employee of the Plaintiff.

C. E has completed the repair of the instant automobile in 1,070,000 won by requesting the I operating H in Busan.

(1) On May 1, 2014, Defendant B: (a) requested the Plaintiff to accept the instant vehicle and to deliver the instant vehicle in sequence; and (b) caused the instant vehicle to be brought to Seoul on May 1, 2014; and (c) thereby, the instant vehicle was damaged by the pans, etc. (hereinafter “instant accident”). E.I again repaired the instant vehicle in KRW 12,027,136 on May 31, 2014 (hereinafter “the second repair”); and (c) the Defendants, on June 1, 2014, requested the Plaintiff to transfer the instant vehicle and to transfer it to the Doros Service Center.

F. The Defendants, on June 3, 2014, delivered the instant vehicle to A with the instant vehicle on the ground that I did not reach an agreement with the Plaintiff and did not receive any claim for repair expenses, and Defendant B paid all the 1 and 2 repair expenses to I on June 4, 2014, and occupied the instant vehicle to the Plaintiff on September 25, 2014.

G. Meanwhile, on the other hand, on May 27, 2015, Defendant C was sentenced to the judgment that the Plaintiff paid the Defendant C the amount of KRW 1,960,000 and the delay damages therefrom from April 24, 2014 to May 1, 2014. The judgment became final and conclusive around that time.

(Resan District Court 2014 Ghana567862) h.

The Eastern Fire Marine Insurance Co., Ltd.

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