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1. All appeals filed by the Defendant (Counterclaim Plaintiff) against the principal lawsuit and counterclaim are dismissed.
2. The costs of appeal shall be principal lawsuit and counterclaim.
Reasons
1. Basic facts
A. The Plaintiff is the owner of the Clater, who caused the accident as stated in the attached Form (hereinafter “Plaintiff-Vehicle”).
B. On June 10, 2015, as indicated in the attached Form D, the Plaintiff’s staff D operated the Plaintiff’s vehicle at the site of the Seoul JJ Development Project, thereby putting a ekek to move construction materials, and shocking down the Defendant’s large special vehicle (hereinafter “Defendant’s vehicle”) on the right upper right side of the K Special Vehicle owned by the Defendant.
(hereinafter “instant accident”). C.
The accident of this case occurred due to drillings on the right plate of the Defendant vehicle on the right plate. D.
The Defendant requested the repair of the Defendant’s vehicle to E Co., Ltd. (hereinafter “E”), and issued a written estimate to the effect that the repair of the Defendant’s vehicle is required on June 18, 2015 (including value-added tax).
E. On April 21, 2016, the Defendant remitted KRW 30,000,00 to E by account transfer, and KRW 3,902,00,00 on April 29, 2016. On May 2, 2016, the Defendant issued an electronic tax invoice to the Defendant claiming KRW 29,54,90 (including value-added tax) at the repair cost of the Defendant vehicle.
F. On April 21, 2016, F’s operator G issued an electronic tax invoice claiming KRW 21,120,000 to the Defendant for the fee for the use of equipment for 32 days. Around that time, the Defendant transferred KRW 21,120,000 to the said G by account transfer.
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1-2, Eul evidence 2-2, Eul evidence 2-3, Eul evidence 4, 5, 6, 9, and the purport of the whole pleadings
2. According to the facts underlying the occurrence of liability for damages, the Plaintiff is the owner of the Plaintiff’s vehicle and the user of D, and is obligated to compensate the Defendant for the damages caused by the instant accident.
3. Scope of damages.
A. The parties’ assertion 1) The Defendant’s vehicle frame (e.g., the body frame) is the frame of the vehicle frame of the Defendant’s vehicle due to the instant accident.