logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 2017.02.03 2016가단104152
손해배상(기)
Text

1. The Defendant’s KRW 35,851,689 as well as the Plaintiff’s annual rate of 5% from December 5, 2015 to February 3, 2017, and the next day.

Reasons

1. Occurrence of liability for damages;

A. The fact of recognition is that the Plaintiff is a person who operates the household store with the trade name “D” located in Seongbuk-gu, Changwon-si (hereinafter “the instant household store”), and the Defendant is a person who operates the E UD A6 vehicle (hereinafter “Defendant vehicle”).

On December 5, 2015, at around 01:08, the Defendant: (a) driven the Defendant’s vehicle while leaving the road; (b) left the instant household store; and (c) destroyed the building and the furniture, etc. inside the said building.

(hereinafter referred to as “instant accident”). [Grounds for recognition] The fact that there is no dispute, Gap evidence 4, Eul evidence 3-2, and the purport of the whole pleadings.

B. According to the above facts of recognition, the defendant is responsible for compensating the plaintiff for damages caused by the accident of this case as a driver.

On the other hand, there is no reason to limit the defendant's liability.

2. Scope of liability for damages

A. Comprehensively taking account of the purport of the entire arguments in the statement No. 11-1, No. 11-2, No. 3-1, No. 3-5 of the construction cost, it is recognized that the entrance, wall, window, glass, etc. of the instant household store was damaged due to the instant accident, and that 22,000,000 won was spent for the repair work cost to repair it.

The plaintiff asserts that the construction cost of approximately KRW 15,00,000 is to be required. However, in light of the description of evidence No. 11-3 of the evidence No. 11-3 of the plaintiff No. 5, it is not sufficient to recognize such damage, and there is no other evidence.

B. Comprehensively taking account of the overall purport of the pleadings and arguments in each of the statements and videos set forth in Gap's 3 to 10, 12, Eul's 3 (including each of the numbers), and Eul's 3 (including each of the numbers), the facts that the instant accident caused damage to the furniture, small and medium, etc. being exhibited and kept in the instant household points due to the destruction of such furnitures,

1 The consumer price of the goods damaged by the instant accident is equivalent to 53,418,00 won in total, among households supplied by D head office, and the Plaintiff.

arrow