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1.The judgment of the first instance shall be modified as follows:
The defendant shall pay to the plaintiff KRW 281,530 and to the plaintiff on August 3, 2013.
Reasons
1. Occurrence of liability for damages;
A. A. On December 19, 2012, the Defendant’s employees B, who suffered a traffic accident, driven a C-si owned by the Defendant (hereinafter “Defendant’s vehicle”) on or around December 17:0, 2012, is proceeding back to the guard room while driving in front of the guards’ room located in Gwangju-gu, Seo-gu, Seoul.
G ASEAN A62.4 (hereinafter referred to as “Plaintiff-Motor Vehicle”) owned by the Plaintiff during the suspension was shocked (hereinafter referred to as “instant accident”).
[Based on Recognition - Unsatisfy Facts, Gap evidence 3, 5, 6, Eul evidence 1 to 3 (including each number), video, the purport of the whole pleadings]
B. The Defendant is liable to compensate the Plaintiff for the damages caused by the instant accident as the operator of the Defendant vehicle.
Since the defendant was in progress at the time of the accident at the time of the accident, it is reasonable to view that the plaintiff as the plaintiff performed his duty of care inasmuch as he neglected his duty not to enter the intersection or to promptly pass through the intersection to prevent interference with the course of the defendant's vehicle, and thus, the plaintiff's negligence is at least 40%. However, as long as the plaintiff reported the defendant's vehicle moving back at the time of the accident at the time of the accident at issue, and the progress of the plaintiff's vehicle was suspended, it is reasonable to deem that the plaintiff performed his duty of care. Furthermore, it is difficult to view that the defendant's vehicle has a duty of care to act as alleged by the defendant because it is anticipated that the defendant's vehicle
2. The defendant is liable to compensate for the repair cost incurred by the plaintiff in repairing the plaintiff's vehicle due to the accident of this case.
As to the amount of repair cost, the Plaintiff asserted that the repair cost was paid KRW 1,839,860 due to the instant accident, but the fact-finding on H and professor I at the Joseon University at the court of the first instance.