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(영문) 수원지방법원 2021.03.30 2020나82710
손해배상(자)
Text

1. The judgment of the first instance is modified as follows.

A. From December 7, 2017, around 06:45 on December 7, 2017, the grains inside the Seocho-gu Seoul Metropolitan Government centrale.

Reasons

1. Basic facts

A. The Plaintiff is a mutual aid business entity that entered into a mutual aid agreement for automobile with respect to D vehicles (hereinafter “instant vehicles”), and the Defendant is a driver of F vehicle.

B. On December 7, 2017, around 06:45, the instant vehicle: (a) changed rapidly the vehicle from the aero tunnel in the valley-dong branch of Seocho-gu Seoul Metropolitan Government, which caused a traffic accident involving the Defendant’s vehicle that was driven by shocking the vehicle while driving (hereinafter “instant accident”). C.

After the instant accident, the Defendant received hospitalized treatment from G Council members for five days from December 7, 2017 to December 11, 2017 due to the climatic salt, tension, etc., and received from H 15 times from 12 December 12, 2017 to 26 October 2020 due to the salt pansh, tension, climatic salt, tension, etc.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1, Eul evidence Nos. 1 through 5, 8 through 10, and the purport of the whole legal theory

2. The parties' assertion that the Plaintiff is liable to compensate the Defendant for the damages caused by the instant accident as a mutual-aid business operator of the instant vehicle. However, the Plaintiff's liability to compensate the Defendant for the damages does not exist in excess of 486,00 won (=150,000 won + 336,000 won + 336,000 won) in total as stipulated in the terms and conditions.

In regard to this, the defendant asserts to the effect that the plaintiff is obliged to additionally pay the defendant KRW 6,00 (=146,200 + 1,48,000 + 2,140,000 + 2,225,800 + 2,140,000 + 2,140,000 + 2,225,800 + 2,200,000 + 2,225,800).

3. According to the above recognition of the occurrence of liability for damages, the Plaintiff is liable to compensate the Defendant for the damages caused by the instant accident as a mutual aid business operator of the instant vehicle.

4. Scope of liability for damages

A. The relevant legal doctrine does not have a monetary obligation.

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