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(영문) 서울남부지방법원 2018.01.19 2017나60282
손해배상(자)
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. The Plaintiff is a car rental business entity under the Passenger Transport Service Act and is owned by the Plaintiff and the lessor of the Plaintiff’s small and medium vehicle A (hereinafter “Plaintiff’s vehicle”), and the Defendant is a mutual aid business entity that entered into a mutual aid agreement with B 11.5 tons of cargo vehicles (hereinafter “Defendant’s vehicle”).

B. On December 29, 2015, around 14:40, in the process of driving the Plaintiff’s vehicle at the 4-lane 4-lane in the direction of the side intersection on the side of the side of the side intersection near the evisic cycle, Sungnam-si, Sungnam-do, Sungnam-do, in a four-lane, and changing the vehicle to the 3-lane, there was an accident in which the Plaintiff’s vehicle was flickly flicked in the part of the driver’s seat of the Plaintiff’s vehicle driving on the part of the driver’s seat of the Defendant’s vehicle running on the 3-lane. (hereinafter “instant accident”).

C. The Plaintiff spent KRW 2,299,000 at the repair cost of the Plaintiff’s vehicle due to the instant accident, and incurred a total of KRW 4,279,000, such as KRW 1,980,000, which occurred due to the Plaintiff’s failure to operate a vehicle from December 29, 2015 to January 12, 2016, which is the repair period of the Plaintiff’s vehicle. (i.e., one day rental fee of KRW 132,00 x 15 days).

[Ground of recognition] Facts without dispute, Gap evidence 1 to 7, Eul evidence 1 to 2, and the purport of the whole pleadings

2. The assertion and judgment

A. (1) The Plaintiff’s assertion that the instant accident occurred when the Defendant’s vehicle, which is a large cargo vehicle, due cares to avoid exceeding the distance of the vehicle, and neglected to operate the vehicle at the intervals of the vehicle, and thereby making contact with the rear wheels of the Plaintiff’s seat on the steering side of the Defendant’s vehicle, which led to the collision between the Plaintiff’s vehicle and the front side of the Defendant’s vehicle. As such, the Defendant is obliged to pay the Plaintiff the damages sustained by the Plaintiff, 4,279,000 won, and delay damages incurred by the instant accident.

(2) The Defendant’s assertion that the instant accident pertains to the Plaintiff’s vehicle from four lanes to three lanes.

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