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(영문) 인천지방법원 2018.10.10 2018나58137
손해배상(기)
Text

1. Of the judgment of the first instance, the part against the Plaintiff corresponding to the subsequent order of payment shall be revoked.

The defendant.

Reasons

1. Basic facts

A. On January 7, 2018, the Defendant: (a) posted a parking warning Stick in the Kimpo-si, Kimpo-si (hereinafter “instant Stick”); (b) the Defendant did not seem to park a vehicle parked by the Plaintiff (hereinafter “instant vehicle”); and (c) posted a parking warning Stick, which had strong connection with the front glass of the driver’s seat of the instant vehicle at his own discretion, on the front glass of the instant vehicle (hereinafter “instant Stick”).

B. Since then, the Plaintiff removed the instant Stick, but there was a string of the contacters that could not be removed from the front glass of the vehicle, and the Plaintiff eventually spent KRW 360,000 at the front glass of the driver’s seat of the instant vehicle, and KRW 75,000 at the cost of replacement of the strawer.

[Reasons for Recognition] Facts without dispute, Gap's entries in Gap's 1 to 3, 6, 7, 16 through 18, and the purport of the whole pleadings

2. Determination

A. According to the above facts, the Defendant, without any authority, has inflicted damage on the Plaintiff by attaching the instant Stick at front glass of the driver’s seat of the instant vehicle, and thus, the Defendant is liable to compensate the Plaintiff for the damages incurred by such tort (hereinafter “instant tort”).

B. Furthermore, we examine the amount of damages to be compensated by the Defendant.

1) According to the above basic facts, according to the Plaintiff’s property damage (435,000 won) a, the Plaintiff removed the instant Stick, but did not easily remove the front glass of the driver’s seat of the instant vehicle. As a result, 360,000 won was incurred in repairing the front glass of the instant vehicle, so the repair cost (mail) cost is deemed as damages caused by the instant tort.

On the other hand, at the time of repairing the front glass of the instant vehicle, the Plaintiff thought that the posting of the Stick would be responsible for the security team staff to compensate for damages individually, and taking into account the position of the relevant staff, the full replacement of the instant vehicle would be the replacement of the glass.

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