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(영문) 대전지방법원 2020.6.5. 선고 2019가소45306 판결
손해배상(기)
Cases

2019 Ghana 45306 Damages

Plaintiff

A

Defendant

B Stock Company

Attorney Park Jae-young, Counsel for the defendant-appellant

Conclusion of Pleadings

May 8, 2020

Imposition of Judgment

June 5, 2020

Text

1. The defendant shall pay to the plaintiff 1,085,45 won with 5% interest per annum from June 5, 2020 to June 5, 2020 and 12% interest per annum from the next day to the day of complete payment.

2. The plaintiff's remaining claims are dismissed.

3. Of the litigation costs, 10% is assessed against the Plaintiff, and the remainder is assessed against the Defendant, respectively.

4. Paragraph 1 can be provisionally executed.

Purport of claim

The defendant shall pay to the plaintiff 1,203,062 won with 5% interest per annum from October 28, 2019 to the delivery date of the complaint of this case, and 12% interest per annum from the next day to the day of full payment.

Reasons

1. On September 13, 2019, at around 14:06, the Plaintiff’s vehicle, including the Defendant’s vehicle, entered the intersection in accordance with a straight-distance signal while the vehicle was not left due to the front of the vehicle, including the left-hand left-hand turn, after having entered the intersection after being informed of such circumstances, and the rear-hander of the Plaintiff’s vehicle was shocked by the front-hander of the Defendant’s right-hand side, and the Plaintiff’s expense KRW 1,206,062 at the repair cost of the Plaintiff’s vehicle on October 27, 2019.

2. Recognizing the Plaintiff’s fault of 10% in breach of the duty of safe driving, the Defendant should be held liable for repair costs of KRW 1,085,455 (i.e., KRW 1,206,062 x0.9).

Judges

Judges Yang Sung-soo

* The ruling of small-sum case may choose not to state the reasons in accordance with Article 11-2(3) of the Trial of Small Claims Act.

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