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(영문) 서울중앙지방법원 2019.04.26 2017나83470
손해배상(기)
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. The court's explanation on this part of the basic facts is identical to the corresponding part of the judgment of the court of first instance, and thus, citing it by the main text of Article 420 of the Civil Procedure Act.

2. The parties' assertion

A. Inasmuch as the Plaintiff’s assertion E was damaged by fault or negligence by wrong operation of the vehicle, such as taking the booms prohibited from using during the repair period, the Defendant, as an insurer, shall compensate for KRW 302,610, the Plaintiff’s losses in business operation during the repair period and KRW 22,622,810,00, based on the ratio of KRW 20,174,000 per annum and KRW 18% per annum.

B. The Defendant’s assertion E not only did the balk in the third phase, but also followed the balk.

Even if the vehicle is backward, it is difficult to see that the vehicle is backward, and rather, the vehicle is pushed down with the whole wheels of the vehicle as set up in the direction of the exit of the detailed vehicle. The vehicle is pushed down by the weight-centered of the vehicle between the moment when the vehicle is pushed down on the rear-wheeled side and the vehicle is pushed down.

Therefore, the reason for the damage of the vehicle is not the fault of the driver of the vehicle, but the defect of the structure of the vehicle or the defect of the vehicle. Therefore, the defendant is not liable for the damage of the vehicle due to the damage of the vehicle.

3. In light of the result of the verification by the court of first instance, it is confirmed that, at the time of the first instance, Bracks, etc., known to the effect that E was taking a blasch on the section between 15:11:10 and 12 of CCTV images at the time, have turned on red. Accordingly, as a result, the brush with the brush with the brush with the brush and was inserted into force under the brush without being pushed any longer, the left side of the vehicle was frush, and E turned the brush with the brush with the brush with the crush with the brush with the direction of the brush with the crush with the brupt, and the crush with the crush with the Defendant’s assertion.

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