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(영문) 서울중앙지방법원 2017.11.07 2016가단5242252
손해배상(기)
Text

1. The Defendant is 10,174,000 won which is equivalent to the repair cost that the Plaintiff suffered, and the Defendant’s damages therefrom on August 21, 2016.

Reasons

1. Basic facts

A. The Plaintiff is the wholesale and retail business operator of petroleum products directly managing the D Cow in Gwanak-gu in Seoul Special Metropolitan City, and the Defendant is the insurer of automobile insurance purchased by E who damaged the Automatic Tax Director of the instant mechanical specifications.

B. At around 15:00 on August 21, 2016, E stopped at the third location in order to use the mechanical specifications of the D gas station operated by the Plaintiff in order to use the mechanical specifications of the D gas station operated by the Plaintiff.

C. In order to stop the vehicle by using the automatic washing machine, the vehicle stops, string the automatic transmission device, and before the end of the detailed vehicle, and then the left wheels of the vehicle strings the wheels above the automatic washing bell, and even though the vehicle does not go through a bringer and bringer in the future, E destroyed the internal parts of the automatic washing machine, including the string part of the string machine, by stopping the wheels of the vehicle through the bring during the last construction process during which the vehicle is automatically set off, and then blocking the wheels of the vehicle.

C. The Plaintiff spent the repair cost of KRW 20,174,00 as the repair cost for the said automatic set machines.

[Ground of recognition] Facts without dispute, entry of Gap evidence No. 1 to 5, video, purport of the whole pleadings

2. According to the above facts of determination, the defendant is obligated to pay damages for delay calculated by the ratio of 5% per annum under the Civil Act and 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the next day to the date of the judgment, which is a substantial date to dispute over the existence and scope of the defendant's performance obligation from August 21, 2016 and from August 21, 2016 to October 31, 2017.

The Plaintiff sought compensation of KRW 2,146,200 for damages incurred from the loss of the business of the Plaintiff due to failure to operate the said KRW 302,610 (18%) and the said KRW 302,610 (18%) during the repair period. However, it can be recognized.

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