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(영문) 서울중앙지방법원 2017.06.16 2016나84865
구상금
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. In fact, the Plaintiff is an insurer who entered into an automobile insurance contract with respect to B vehicles (hereinafter “Plaintiff”), and the Defendant is a person who operates a mutual automobile maintenance shop in Seoul Special Metropolitan City, Nowon-gu.

E visited the Defendant’s maintenance shop for the repair of the Plaintiff’s vehicle on June 11, 2016, and the Defendant’s employee (the Defendant’s children) asserted that the Defendant’s employee (the Defendant’s children) replacing the other language was a minor student, and the Defendant asserted that he was an adult as his child in April 1993, but there is no dispute between the parties as to the fact that the Defendant’s children replaced the other child.

In addition, the conclusion of this case is not determined depending on whether the defendant's employee replacing a different language is the defendant's child or his employee was a minor, or whether he was an adult.

The plaintiff used two back wheelss of the back wheels of the vehicle to replace the plaintiff with a new other language.

Plaintiff

On June 14, 2014, while the vehicle is proceeding with G located in the 06:13 Sincheon-si, G, one of which is located in the front of the vehicle's left side, a sudden stop conflicts with H vehicles (hereinafter "victim 1 vehicle"), which followed the vehicle's left side of the vehicle's H vehicle (hereinafter "victim 1 vehicle"), by entering a one-lane where separated another is separated, and the vehicle has shocked the front part of the left side of the vehicle's side of the I vehicle (hereinafter "victim 2 vehicle"), and the other is continuing to attack the upper part of the road side.

By August 1, 2014, the Plaintiff paid KRW 3,058,910 for the repair cost of one vehicle damaged by the instant accident, KRW 3,419,370 for the repair cost of two vehicles damaged by the instant accident, and KRW 7,501,280 for the total construction cost of KRW 1,023,00 for the upper pole column.

Plaintiff

The cumulative odometer of the vehicle was 200,114 km at the time of the replacement, and 200,204 km at the time of the accident.

[Ground of Recognition] Facts without dispute, entries and images of Gap evidence 1 to 7 (including the number of each branch number), respectively;

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