(영문) 의정부지방법원 2015.01.13 2014가단26309

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Reasons

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(영문) 의정부지방법원 2015.01.13 2014가단26309

손해배상

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1. The Defendant’s KRW 11,605,227 as well as the Plaintiff’s KRW 5% per annum from June 18, 2014 to January 13, 2015.

Reasons

1. Facts of recognition;

A. On March 24, 2014, at around 21:30, Nonparty A: (a) went off the B-si owned by the Plaintiff (hereinafter “Plaintiff-owned”); (b) proceeds from the front point of the 17 relay green apartment 109, 207-ro, Nowon-gu, Seoul, to the lower line from the transit distance; and (c) changed the two lanes from the second line to the three-lane.

B. At that time, Nonparty C went off the Defendant-owned D urban bus (hereinafter “Defendant-owned vehicle”) and followed the Plaintiff’s vehicle in the front line of the Plaintiff’s vehicle with the second line between the third line. However, the Plaintiff’s vehicle changed to the third line as above, while entering the third lane, the Plaintiff’s vehicle changed to the third lane, and entered the third lane, thereby reducing the speed, and the Plaintiff’s vehicle was restored to the front line of the Plaintiff’s assistant seat.

C. The Plaintiff suffered damages equivalent to KRW 275,00 for towing expenses, KRW 6,541,191 for automobile repair expenses, and KRW 8,385,685 for parts due to the foregoing accident.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 6, Eul evidence No. 1, the purport of the whole pleadings

2. According to the above facts of recognition as to the existence of liability for damages, the defendant is the user of C driving the defendant's vehicle and has the duty to compensate for the damages suffered by the plaintiff.

3. Determination on the scope of liability for damages

(a) As seen earlier, as seen earlier, towing cost: 275,00 won; 6,541,191 won; and 8,385,685 won (each description of Evidence A2, 4, and 6) for parts are recognized as having suffered damages.

Next, the Plaintiff asserted that the compensation for the temporary closure is equivalent to KRW 8,802,066, while according to the evidence and the fact-finding results on the head of the Insurance Development Institute, it is recognized that the daily compensation for the temporary closure of a taxi for business use is 44,420, and that the repair period of the above vehicle requires KRW 31 days.

Therefore, the damages equivalent to the temporary rent that the plaintiff suffered are 1,377,020 won (44,420 won per day temporary rent x 31 days).

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