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(영문) 수원지방법원 2016.03.04 2015나29081
손해배상
Text

1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to be paid below shall be revoked.

The defendant.

Reasons

1. In the first instance trial, the Plaintiff asserted that the Plaintiff sustained damages equivalent to KRW 1,622,170 in total due to the contact with the Defendant’s vehicle as seen below, and claimed for the payment of KRW 1,62,170 and damages for delay. The court of first instance rejected the remainder of the claim 1,514,720 (=1,62,170 - 107,450) and the damages for delay that were dismissed only by the Plaintiff. Thus, in the first instance trial, the Plaintiff appealed on the part of KRW 1,514,720 (i.e., KRW 1,622,170 - 107,450) and the damages for delay. As such, the court of first instance did not determine the amount of KRW 107,450 (i.e., the repair cost

2. On December 27, 2014, around 17:30, the Defendant: (a) driven a C vehicle in the Sungnam-gu, Sungnam-si (hereinafter “Defendant vehicle”); and (b) changed the vehicle from two lanes to one lane; and (c) contacted the Plaintiff’s DNA (hereinafter “Plaintiff’s vehicle”); (d) contacted the Plaintiff’s vehicle, which was in the traffic signal at two lanes, with the right side of the Plaintiff’s vehicle and the right side of the Defendant’s vehicle (hereinafter “instant accident”).

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 7, the purport of the whole pleadings

3. Judgment on the plaintiff's claim

A. The Plaintiff asserted that the Plaintiff suffered damages equivalent to KRW 450,00 of the repair cost due to the destruction of the part with the rear wheels of the Plaintiff’s vehicle due to the instant accident, and that the Plaintiff visited the Sungnam Police Station on December 29, 2014 in relation to the instant accident, with annual leave of absence equivalent to KRW 107,360 per day, and entered the Sungnam Police Station on May 14, 2015, and suffered damages equivalent to KRW 107,360 per day of annual leave of absence, while attending the first instance court on May 14, 2015, and attending the first instance court on May 14, 2015, and incurred damages equivalent to KRW 107,360 per day of annual leave of absence, and in addition, it is anticipated to have been disbursed if the Plaintiff is entrusted to the industrial company to repair the Plaintiff vehicle in the future.

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