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(영문) 서울북부지방법원 2019.12.18 2019나34457
손해배상(기)
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. The plaintiff and the defendant are C University Students.

B. On March 28, 2018, at around 11:45, the Defendant: (a) destroyed the Plaintiff’s Nowon-gu (hereinafter “instant accident”) in front of the front place while hearing lectures and leaving the lecture room at C University D Teaching room; and (b) caused the Plaintiff’s destruction of the work site (hereinafter “instant accident”).

(i) [Facts without dispute over the basis of recognition, entries in Gap evidence 1 through 9, images and the purport of the whole pleadings;

2. The Plaintiff’s assertion caused damages to KRW 1,600,00 in total, including KRW 1,530,000 in the cost of repair of the Nopt North Korea, KRW 72,00 in the cost of transportation for repair, and KRW 64,00 in the cost of transportation for repair of the Nopt.

Therefore, the defendant shall pay the plaintiff the above KRW 1,600,000 as damages.

3. Occurrence of liability for damages;

A. The above 1-B

According to Paragraph (1), the defendant is liable to compensate the plaintiff for the damages suffered by the plaintiff, such as the plaintiff's cost of repairing Nowon-gu damaged by the accident in this case.

B. As to this, the Defendant asserts that he did not spawn the Plaintiff’s North Korea. However, according to the overall purport of the statements and arguments in Gap’s evidence Nos. 1 through 5, it is reasonable to deem that the Defendant, according to the above facts, was deprived of the Plaintiff’s North Korea in the forward direction of the Defendant who was withdrawn, ② the Defendant voluntarily told the Plaintiff at the time of his retirement to the effect that “the Plaintiff would compensate for damages due to spawn North Korea,” ③ there was no third party to deem that spawn North Korea was damaged.

This part of the defendant's assertion is not accepted.

4. Scope of liability for damages;

A. According to the purport of the entire argument of the cost of repair in the Nowon-gu (see the receipt of the G Water Station Center attached to the cost of the lawsuit) it is recognized that the cost of repair in the Nowon-gu constitutes 1,530,000.

B. The Plaintiff’s repair of transportation cost and PC room usage cost is 72,000 won for repair due to the instant accident, and is during the repair of Nohbuk.

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