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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
1..
Reasons
1. Facts of recognition;
A. The Plaintiff is a company that is engaged in the transportation business of taxi passengers under the Passenger Transport Service Act, and is the owner of CYF rocketing taxi (hereinafter “Plaintiff-si”).
B. The Defendant is a mutual aid business entity that entered into a motor vehicle mutual aid agreement with D and EK5 taxis owned by it (hereinafter “Defendant-si”).
C. On August 6, 2018, D driving the Defendant taxi and driving the first lane from the Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seoul to tamply turn to the left, in violation of the signal at the G store in front of the G store located in Seo-gu, Daejeon, Daejeon, and the Plaintiff taxi driving the second lane in the direction of the most neons distance from the madles and damaged the Plaintiff taxi.
(hereinafter “instant accident”). D.
From August 6, 2018 to September 7, 2018, the Plaintiff entered the Plaintiff taxi into the repair business entity and repaired it, and paid KRW 7,700,000 (including value-added tax 70,000) at the repair cost.
[Ground of Recognition] Facts without dispute, Gap evidence 1 through 6, Eul evidence 3 and 4 (including each number), the purport of the whole pleadings
2. In full view of the evidence and the purport of the entire pleadings as seen earlier, it is reasonable to deem that the instant accident occurred due to a mistake in violating the signal given by Defendant Taxi. As such, the Defendant is liable to compensate the Plaintiff for the damages caused by the instant accident as a mutual aid business operator of Defendant Taxi.
3. Scope of liability for damages
A. The Plaintiff’s assertion is obligated to pay to the Plaintiff KRW 8,465,860 in the aggregate of KRW 7,00,000 for automobile repair costs and KRW 1,465,860 for temporary closure damages for 33 days (i.e., KRW 344,420 x 33 days) and damages for delay from August 6, 2018, which is the date the instant accident occurred.
B. The cost of repairing cars at the time of the accident is significantly higher than the cost of repairing cars.