(영문) 대구지방법원 2015.09.03 2014나2141 | 리걸엔진

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대구지방법원 2015.09.03 2014나2141

손해배상(기)

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. On March 26, 2013, the Plaintiff running a motor vehicle leasing business: (a) leased CK5 motor vehicles (hereinafter “instant motor vehicles”) to B on March 26, 2013 from March 23:10 to March 20:30 on March 28, 2013.

B. B had the Defendant drive the instant vehicle, and the Defendant, while driving the instant vehicle and driving the instant vehicle into the astronomical Industry, there was an accident of collision with the dives on the street (hereinafter “instant accident”).

C. Due to the instant accident, KRW 11,733,795 of the instant vehicle was destroyed to the extent of repair cost, and it was impossible to operate the instant vehicle for 25 days for repair.

A daily leave fee for the instant vehicle is KRW 40,000.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion that the instant accident occurred as the primary cause for the Defendant’s driving negligence. As such, the Defendant is obliged to pay the Plaintiff the amount of damages corresponding to the repair cost and the amount of compensation for delay and the amount of compensation for delay.

B. The Defendant’s assertion that the instant accident occurred during the diversity of lag, thereby failing to comply with the Plaintiff’s claim.

3. The following circumstances are acknowledged where Gap evidence Nos. 4 and the purport of the entire argument is added to the result of the appraisal entrustment to appraiser D by this court. In other words, ① the structural paralysis of other terms alone is unlikely to lead immediately to the destruction of other terms leading to the rapid loss of the vehicle, and ② If the vehicle wheels with the wheel with the wheel wheel with the wheel of the left-hand wheel, the wheel of the vehicle wheel with the wheel wheel, the wheel of the vehicle in this case should be more seriously modified or melted than the situation immediately after the accident occurred due to the different speed, and ③ appraiser D's Ma is directly the accident in this case.

유사 판례

-부산지방법원 2018.11.02 2018나52648

-서울북부지방법원 2016.09.21 2015가단40682

-서울남부지방법원 2018.11.22 2018나58507

-서울중앙지방법원 2017.06.13 2016가단5160350

-광주지방법원 2012.07.26 2011가합2120