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(영문) 대전지방법원 2014.12.23 2013가단208293
손해배상(기)
Text

1. The Defendant: (a) KRW 26,707,689; and (b) KRW 1,031,90 to Plaintiff B; and (c) respectively, from April 22, 2013 to June 2014.

Reasons

1. Basic facts

A. Plaintiff A is the owner of Dex Truck (hereinafter “Plaintiff”) and the Defendant is the owner of Esch Rexroth Truck (hereinafter “Defendant”) who operates F as the owner, and the Defendant was around 17:00 on April 22, 2013, the Defendant, along with Plaintiff B, who driven the Plaintiff’s vehicle in order to tow G repair Truck, located on the side at the 48km point of the Honam Highway, located in the Daejeon Pung-dong, Seosung-gu, Daejeon, Daejeon, in order to tow the G repair Truck located on the side, at around 17:00 on April 22, 2013.

Trac truck's scrap is used to move hot gas by using a fruit, and there is a risk of an accident due to the fall of the goods being towed when the fruit is cut during the lifting work. Thus, the defendant bears a duty of care to prevent accidents in advance by regularly checking the state of fruit, replacing it, and managing it.

Nevertheless, as the Defendant neglected management due to the Defendant’s failure to replace the fruit of the Defendant’s vehicle for about 10 years, the fruit is cut during the above co-days’s lifting work, and the Defendant’s failure to cope with the above co-days’s weight is damaged, and then used in the future, the Plaintiff, who was on board the said car, faced with the adjustment of the elbow, etc., and suffered approximately 2 weeks of the arms elbow’s blue in need of treatment.

(hereinafter “instant accident”). B.

As a result of the instant accident, 22,013,860 won was destroyed by cries and loading boxes, and 642,90 won was the transportation fee of the Plaintiff’s vehicle for repair. From April 22, 2013, the Plaintiff’s vehicle was repaired due to the instant accident, from April 22, 2013.

5. Business losses incurred by failure to operate the Plaintiff’s vehicle for a period up to 18.00.

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