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1. Revocation of the first instance judgment.
2. The plaintiff's claim is dismissed.
3. All costs of the lawsuit shall be borne by the Plaintiff.
Reasons
1. The Defendant, on April 8, 2016, driven a vehicle 6:30 C (hereinafter referred to as “Defendant vehicle”) on April 16, 2016, followed the front part of D vehicles owned by the Plaintiff (hereinafter referred to as “Plaintiff vehicles”) that had been stopped in front of the intersection and waiting for signal while driving two lanes from the upper 5 lane of the 294-lanes in Seoul, Dongjak-gu, Seoul, at the upper erode of the five-lanes, the front part of D vehicles owned by the Plaintiff by the Defendant (hereinafter referred to as “Plaintiff vehicles”).
2. The accident of the Plaintiff’s assertion in the instant case destroyed the front part of the Plaintiff’s vehicle and the Rason.
As a result, the Plaintiff suffered respective damages equivalent to KRW 1,640,000, in total, for repair costs and free-stamping construction costs in relation to the replacement of a criminal seal and a DNA, and ② the lending fee paid by borrowing and lending the same kind of vehicle for three days during the above repair period.
Accordingly, each of the above damages is claimed.
3. According to Gap evidence No. 2, the repair cost claim judgment: (a) although it is recognized that there is a flicker in the lower part of the plaintiff's front part of the driver's vehicle, and there is a flicker in the part of the driver's length of the vehicle, it is recognized that there is a flicker in the back part of the vehicle's front part of the driver's seat. Meanwhile, according to the video of Eul evidence No. 3, there is a flicker in which the collision with the plaintiff's vehicle appears to have occurred due to the collision with the plaintiff's vehicle. In light of such flick in both vehicles, the accident in this case seems to have been very minor contact; and (b) if the vehicle with the front part of the vehicle in front of the same lane is contacted, barring any special circumstances, the damaged part of the vehicle alleged by the plaintiff is the most protruding part of the front part of the plaintiff's vehicle (a fixed flicker in front of the plaintiff's vehicle).