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(영문) 수원지방법원 2017.06.09 2015나44745
손해배상(기)
Text

1. Of the judgment of the court of first instance, KRW 6,683,905 against the Plaintiff and its related thereto, from April 8, 2015 to June 9, 2017.

Reasons

1. Basic facts

A. The Plaintiff operates a gas station with the trade name “D gas station” in Ansan-si, Ansan-si, and is equipped with a tunnel type automatic washing machine (hereinafter “the instant detailed parking machine”) within the said gas station.

B. On August 15, 2014, at around 11:46, the Defendant: (a) entered the said vehicle during the instant three-year period in order to obtain the tea by driving a benz vehicle (hereinafter “instant vehicle”).

C. From among the Dos through which the instant vehicles pass through the instant tea, the instant tea was shocked in the front of the instant tea and damaged the street of the instant tea by shocking the instant tea.

(hereinafter referred to as “instant accident”). [Grounds for recognition] The fact that there is no dispute, each entry of Gap evidence Nos. 3 through 9 (including branch numbers) and the purport of the whole pleadings.

2. The assertion and judgment

A. The plaintiff asserts that the accident in this case occurred due to the negligence of wrong operation of the vehicle in this case among the three vehicles, and the defendant is obligated to pay the repair cost of the three vehicles in this case to the plaintiff.

In regard to this, the defendant asserts that the accident of this case occurred due to the malfunction of the three-years managed by the plaintiff, so the defendant is not obligated to pay the repair cost of the three-years of this case, and even if the defendant's negligence is recognized by domestic affairs, it is necessary to confirm whether the plaintiff or the plaintiff's employee is accurately aware of the methods of using the automateds of this case and to inform the defendant of the methods of using the automateds of this case.

B. 1) Determination 1) In the event of liability for damages arising from Gap evidence Nos. 7 through 9 (if a serial number is included, the number is included, and the entire purport of the pleadings as a result of the court of first instance’s video verification, the instant three specifications are so-called tunnel automatic carers, which are the so-called “bridge automatic carers” with the entrance of a vehicle charged at the entrance, and the brake is cancelled.

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