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1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.
Reasons
1. Basic facts
A. The Plaintiff is the owner of a small special towing vehicle B (hereinafter “Plaintiff”), who is engaged in towing duties, and the Defendant is the owner of a bus C (hereinafter “Defendant”), who is the employer of the Defendant’s driver.
B. Around 14:20 on September 11, 2013, the driver of the Defendant’s vehicle was operating along the two lanes along the two lanes on the roads near the Namyang-gun, Ulsan-gun, Ulsan-gun, Ulsan-do, for the second line, found the Plaintiff’s vehicle parked in the main direction and station direction on the side of the second line and moved to the first line that was damaged, again, while returning to the second line, there was an accident that meets the right side of the Defendant’s vehicle, among towing equipment installed on the back side of the Plaintiff’s vehicle (hereinafter “instant accident”), and at the time, the condition of the Plaintiff’s vehicle and the Defendant’s vehicle are as follows.
Plaintiff
Defendant Vehicles
C. At the time of the instant accident, the place where the Plaintiff’s vehicle was parked was a stop and parking-prohibited area under Article 32 subparag. 2 or 5 of the Road Traffic Act.
On September 13, 2013, the Plaintiff received a written estimate from D to the effect that the repair cost of KRW 7,458,000 is required for the repair of the Plaintiff’s vehicle, and received a written estimate from D to the effect that the repair cost of KRW 10,626,00 is required for the repair cost of KRW 10,626,00 from Pyeongtaek G.I.M (hereinafter “instant repair business”). On October 28, 2013, the Plaintiff paid KRW 9,80,000 to the instant repair business entity after entrusting the repair of the Plaintiff’s vehicle.
E. The Plaintiff filed an application for mediation with the Mutual Aid Dispute Mediation Committee for the Federation of Korea Bus Mutual Aid Associations (hereinafter “instant Mutual Aid Association”) which concluded a mutual aid agreement with the Defendant on January 17, 2014, and the said Committee recognized the Plaintiff’s amount of damages as KRW 2,048,000.
F. On the other hand, the Plaintiff, a vehicle that invadedd the central line on June 30, 2013, which was around 70 days prior to the occurrence of the instant accident.