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(영문) 전주지방법원군산지원 2015.05.19 2014가단7624
손해배상(자)
Text

1. The Defendant’s KRW 15,170,000 for the Plaintiff and 5% per annum from July 30, 2013 to May 19, 2015.

Reasons

1. The facts of recognition are the owners of CenzL500 vehicles (hereinafter “Plaintiff vehicles”), and the Defendant is the drivers of D vehicles (hereinafter “Defendant vehicles”).

At around 01:40 on July 30, 2013, the Defendant, while proceeding D vehicles in the vicinity of the Slock Slovadong Slova-si Slock, had rapidly changed the course from three lanes to one lane, and had two lanes from three lanes to two lanes in the same direction, and there was an accident in which the part of the fenced part in front of the Plaintiff’s right side of the E driver’s vehicle, which was proceeding from three lanes to two lanes in the same direction (hereinafter “instant accident”).

The expected repair cost of the Plaintiff’s vehicle destroyed by the instant accident is KRW 52,108,210, and the cost of towing the Plaintiff’s vehicle to the repair business entity is KRW 170,000.

On the other hand, at the time of the accident of the Plaintiff’s vehicle, the market value is KRW 45,00,000.

[Ground of recognition] Evidence Nos. 1, 2, 3-1 to 4, 5, 9, each entry of Evidence Nos. 7-1, 7-2, and the purport of the whole pleadings

2. Determination as to the cause of action

A. The Plaintiff asserted that the instant accident occurred due to the Defendant’s negligent change in the course of the Plaintiff’s damages. As such, the Plaintiff sought payment of repair costs of KRW 52,108,210, 22,400,000 (day 640,000 per day x 35 days), towing costs of KRW 170,00, storage fees of KRW 385,000 (day 35,000 per month x 11 month) calculated by deducting KRW 30,00,000, which was paid out of KRW 75,063,210, and KRW 45,063,210, and damages for delay.

B. According to the above recognition of the liability for damages, the Defendant caused the instant accident by negligence, which caused a sudden change in the course from the three-lane to the one-lane, and thus, the Plaintiff is liable to compensate the damages arising from the damage of the Plaintiff’s vehicle due to the said accident.

C. The cost of repair and the cost of the replacement of damaged vehicles at the time of the occurrence of the car due to the repair was significantly disbursed.

In such a case,

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