(영문) 서울동부지방법원 2017.01.17 2015가단48383

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(영문) 서울동부지방법원 2017.01.17 2015가단48383

손해배상등

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1. The defendant,

A. The Plaintiff A’s KRW 9,404,968 and as regards them:

B. As to Plaintiff B, KRW 16,507,430 and its amount.

Reasons

1. Facts of recognition;

A. The Plaintiff A was in the Egypty department located in the second floor of Gangdong-gu Seoul Metropolitan Government D Building (hereinafter “instant building”); Plaintiff B operated the restaurant in the name of “G” on the first floor of the building located in Gangdong-gu Seoul Metropolitan Government F, the building width of the instant building (hereinafter “instant restaurant”); and the Defendant is an employee of the Egypty system Co., Ltd., the management service provider of the instant building, who works for the instant parking lot management personnel.

B. On June 12, 2015, the Defendant: (a) used the key set up by the owner of the instant vehicle for the purpose of repairing and painting the floor of the underground parking lot of the instant building and the wall; (b) moved from the underground parking lot to the ground; (c) opened the road at the entrance of the underground parking lot to the ground; and (d) opened the IBT vehicle that was parked by Plaintiff A (hereinafter referred to as “victimd vehicle”); and (c) obstructed the damaged vehicle due to its shock, and damaged the machinery, etc. in the restaurant by entering the door of the store of the instant restaurant as a supplement to the future.

(hereinafter referred to as “instant accident”). 【No dispute exists, Gap evidence Nos. 1, 2, 10, Eul evidence Nos. 6, 8, and 9, and the purport of the whole pleadings.

2. According to the above recognition of the liability for damages, it is reasonable to view that the accident of this case occurred by the Defendant’s shocking the road at the exit of the underground parking lot by driving the instant vehicle at a rapid speed while moving from the underground parking lot to the ground, due to his duty of care to accurately operate the steering direction and brake system of the vehicle as a driver.

Therefore, the defendant is liable for damages suffered by the plaintiffs as tort.

In this regard, the defendant has caused the accident of this case due to the sudden breakdown of the vehicle.

유사 판례

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