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(영문) 대전지방법원 천안지원 2018.05.30 2017가단107311
손해배상(자)
Text

1. As to KRW 26,832,210 among the Plaintiff and KRW 26,532,210 among the Plaintiff, the Defendant shall: (a) from September 4, 2015 to August 3, 2017; and (b) 300.

Reasons

1. Occurrence of liability for damages;

A. 1) The Plaintiff is a person who engages in the business of repairing and leasing Oral Land in the name of “D” at the place of business located in the Dong-gu, Chungcheongnam-gu, Seoul, and on July 1, 2015, EMW S100Raba (hereinafter “the instant Obaba”).

(2) On September 4, 2015, the Plaintiff leased the instant Obane to the Defendant.

At around 17:10 on the same day, the Defendant caused the instant accident, which is going to lose balance while operating the instant diala in the tunnels of the Yaeng-si, 1153, Yaeng-si, Gangwon-si (hereinafter referred to as the “instant accident”), thereby damaging the dica of this case.

【Fact-finding without dispute over the ground for recognition, Gap evidence 1 through 3, Eul evidence 1, the purport of the whole pleadings

B. According to the above facts of recognition, the defendant is obligated to compensate the plaintiff for damages caused to the plaintiff by damaging the Oral Ba owned by the plaintiff.

2. Scope of liability for damages

A. The Plaintiff suffered losses of KRW 53,532,210 in total (= KRW 26,532,210,000) as stated in paragraphs (a) and (b) as follows: (a) the Defendant’s repair or purchase cost of KRW 26,532,210 in the instant case ( KRW 26,532,210B) was 90,000 in the event that the Plaintiff was unable to lease the instant Oba for 90 days, the instant accident was 3,00,000 in the annual amount of KRW 27,00,000 in the instant case (i.e., KRW 30,000 in x 90) due to the instant accident was lost the balance between the Defendant’s road and proceeding about approximately 20 meters, and was merely destroyed to the extent that the instant accident was 500,000 won in excess of the floor.

In the case of this case, the plaintiff can receive a lease of the Oral Ba on one day, which is the period normally required to repair the Oral Ba of this case.

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