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(영문) 울산지방법원 2019.12.19 2018나25236
손해배상(기)
Text

1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to pay below shall be revoked.

The defendant.

Reasons

1. Basic facts

A. On September 13, 2017, the Plaintiff leased the instant vehicle to G and H on September 13, 2017.

B. The Defendant is a person operating the Three Deputy Commissioner (hereinafter “E”). The entrance and exit of the Three Deputy Commissioner (hereinafter “The Three Deputy Commissioner”) of the Nam-gu Seoul Metropolitan City is separate from the entrance and exit of the Three Deputy Commissioner, and a signboard informing the entrance and exit of the three Deputy Commissioner is installed.

C. On September 15, 2017, F, G, driving the instant vehicle, visited the vehicle traps company located within the instant department, and left the instant department around 20:45 on the same day. Thereafter, it became clear that KRW 11,918,500 for the repair cost as the lower part of the front part of the instant vehicle was destroyed by rupture, and two days were required for the repair period.

[Reasons for Recognition] A without dispute, Gap evidence Nos. 1 and 9 (including branch numbers for those with additional numbers; hereinafter the same shall apply), Eul evidence Nos. 1 and images, the result of the entrustment of appraisal to the appraiser L by the court of first instance, the purport of the whole pleadings

2. Determination as to the cause of action

A. On September 15, 2017, the Plaintiff’s assertion 1), F, in order to drive the instant vehicle at around 20:45 on September 15, 2017, was involved in the steel structure in the instant parking lot (the front part of the vehicle at the drainage outlet).

The Defendant, as a person who installs and manages the Three Deputy Officers of this case, caused the accident of this case by negligence in the installation and preservation of the structure neglected to install the warning sign, light object, etc., and thereby, caused the danger of damage to the vehicle due to the existence of steel structure in the place where the vehicle passes through the Three Deputy Chiefs of Staff at night.

Therefore, the defendant is obligated to compensate for the damages suffered by the plaintiff due to the above accident.

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