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(영문) 전주지방법원 2020.02.14 2018나11070
손해배상(자)
Text

1. The part of the judgment of the court of first instance against the defendant shall be revoked.

2. The plaintiff's claim as to the above cancellation part is dismissed.

Reasons

1. Facts of recognition;

A. The Plaintiff is the owner of DAridi A8 Car (hereinafter “Plaintiff”), and the Defendant is the mutual aid business entity that entered into a mutual aid agreement with respect to the E-cargo owned by the Defendant Limited Liability Company of the first instance trial (hereinafter “Defendant”).

B. F, around November 22, 2017, around 07:37, 2017, on the Defendant’s vehicle, loaded high compressed feed on the Defendant’s vehicle and driven the Defendant vehicle along the two lanes between the three-lanes in the direction of north intersection in the direction of the military intersection from among the national highways No. 21, the 21, the Masan-ro, the Masan-si, the Masan-si, the Masan-si,

G was driving the Plaintiff’s vehicle in the same direction as that of the Defendant’s vehicle following the Defendant’s vehicle.

C. According to images recorded on the Plaintiff’s black box, the Plaintiff’s vehicle entered the two-lanes where the Defendant’s vehicle was driven by changing the lane from November 22, 2017 to November 22, 2017. At the time, the Defendant’s vehicle was operating a large dump truck in turn following the Defendant’s vehicle.

Plaintiff

Vehicles are operated along the dump trucks following the above dump trucks, and the dump trucks and the defendant vehicles are driven in order by changing the lanes from 07:37:50 to 3 lanes.

The above road has been left to the right from the intersection of the party.

G received a traffic accident with the content that the away object in loading the Defendant vehicle in the military police station on the same day would cause damage to the Plaintiff vehicle.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 to 4, and Eul evidence 9 (including paper numbers; hereinafter the same shall apply) and images, the result of the appraisal by the appraiser H of the first instance court, the purport of the whole pleadings

2. The main point of the cause of the claim lies on the Plaintiff’s vehicle while the high-class compressed feed, which was separated from the Defendant’s loading of the Defendant vehicle, has been considerably damaged the Plaintiff’s vehicle. The Plaintiff spent a total of KRW 17,950,420 with the repair cost, repair dog and repair expense during the repair period. As such, the Defendant is liable to pay the Plaintiff the repair cost and damages for delay.

3. Determination.

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