1. Of the judgment of the court of first instance, paragraphs 1 and 2 of the judgment are modified as follows.

The defendant shall pay to the plaintiff KRW 5,631,704 and its amount.

In the first instance court, the plaintiff sought positive and passive damages to the defendant, and the first instance court partly accepted the claim on positive and passive damages.

The scope of the judgment of this court is limited to the positive damage (vehicle repair cost), and the passive damage (vehicle repair cost) was excluded from the scope of the judgment.

Basic Facts

The Plaintiff is a company that operates the taxi passenger transport business under the Passenger Transport Service Act (hereinafter referred to as the “passenger Act”), and is the owner of C-Vehicles (type YFbeta, automobile registration on June 11, 2014, hereinafter referred to as “victims”).

On February 6, 2017, the Defendant entered into a motor vehicle mutual aid agreement with a mutual aid association that aims at non-life insurance business, such as a comprehensive motor vehicle insurance, and entered into a motor vehicle mutual aid agreement with respect to the motor vehicle owned by the Drenzk (hereinafter referred to as “dive vehicle”). On February 6, 2017, the dive vehicle conflict with the damaged vehicle in violation of the signal while drinking on the road of the original public health clinic in front of the nuclear health clinic located in

(hereinafter “instant accident.” In order to repair the damaged vehicle after the instant accident, the Plaintiff spent KRW 66,000,000, respectively, at the telecommunications mortars cost on March 6, 2017, and KRW 12,580,000 on March 28, 2017.

The acquisition price of damaged vehicles is 13,786,364 won.

[Ground of recognition] The facts that there was no dispute, Gap's statements in Gap's evidence Nos. 1 through 6, and the purport of the entire pleading occurred, and the accident of this case occurred due to the negligence of the driver of a sea-going vehicle. Thus, the defendant, who is the mutual aid business operator of a sea-going vehicle, is liable to compensate the plaintiff for damages caused by the accident.

The defendant asserts that the scope of damages is limited to 12,646,00 won in full for the repair cost of the damaged vehicle.