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1. The Defendant’s KRW 11,114,160 as well as the Plaintiff’s annual rate from November 5, 2012 to January 13, 2016, and the following.
Reasons
1. Facts of recognition;
A. At around 22:36 on November 5, 2012, A driven a gallon vehicle B (hereinafter “Defendant vehicle”) and driven a gallon vehicle on the left side of the Defendant vehicle and damaged the Plaintiff’s vehicle by taking the front part of the front part of the Defendant vehicle with the front part of the front part of the Defendant vehicle, the front part of the front part of the vehicle, which was driven by the Defendant vehicle, while driving a gallon vehicle at approximately 100 meters away from the front part of the Do-dong Do-dong Do-dong Do-dong Do-dong Do-dong Do-dong Do-dong as one-lane.
(hereinafter “instant accident”). B.
Around April 16, 2013, the Defendant paid KRW 5,400,000 to the Plaintiff as a leave fee incurred from the instant accident.
[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1, 2, 3, 7, 10 (including branch numbers in the case of additional serial numbers), Eul evidence Nos. 3, the purport of the whole pleadings
2. The assertion and judgment
A. The Plaintiff’s assertion that the Plaintiff repaired the Plaintiff’s vehicle for 146 days from November 6, 2012 to April 1, 2013 due to the instant accident. The Defendant asserts that the Defendant is obligated to pay the Plaintiff the remainder of KRW 60,762,781, after deducting the monthly average revenue amounting to KRW 26,280,00 for rental fee (180,00 per day off-to-day rental fee x 146 days x 146 days), business loss amounting to KRW 29,430,631 (i.e., monthly average revenue amounting to KRW 6,047,390, 390 x 146 days x 146 days), direct unpaid vehicle repair costing to KRW 66,16,162,781.
B. According to the facts found above, the instant accident occurred due to negligence by the driver A of the Defendant’s vehicle who neglected the duty of front-time and safe driving, and thus, the Defendant is liable to compensate the Plaintiff for the damages caused by the instant accident as the insurer of the Defendant’s vehicle.