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(영문) 서울동부지방법원 2020.09.24 2015가단116163
손해배상(기)
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

The summary of the case is the case where the plaintiff claimed compensation against the defendant for damages due to the employer's liability under Article 756 of the Civil Act, by asserting that the plaintiff suffered damages, such as the plaintiff's driver's car leased as the lease (the single tenant's spouse) accommodation in the hotel operated by the defendant, but the defendant's fault in the parking agency's employees caused damage to the wheel part of the above vehicle, such as repair expenses, rental rental expenses, etc., and mental suffering.

2. Basic facts

A. The relationship between the parties and the Plaintiff, as seen below, is C’s spouse, who is the lessee of the instant vehicle, and the Defendant is the company operating the Songpa-gu Seoul Metropolitan City Hotel (hereinafter “instant hotel”). (2) On February 17, 2012, C entered into a lease contract for the F ASEAN A63.0 TID vehicle (hereinafter “instant vehicle”) owned by the said company with E Co., Ltd. (hereinafter “E”), with respect to the lease deposit amounting to KRW 23,458,00,00, monthly rent of KRW 2,016,100, and the lease period of KRW 36 months from February 17, 2012.

3) From October 16 to October 19, 2014, the Plaintiff accommodated in the instant hotel from October 16, 2014, to October 19, 2014. On October 22 and 25, 2014, the Plaintiff left the instant vehicle parking to G, an employee of the said hotel parking agent, and G parked in the said vehicle using mechanical parking equipment. 4) On October 19, 2014, the Plaintiff examined the instant vehicle parked from the instant hotel parking agent’s employee and claimed that the said employee was damaged in the course of entering the said mechanical parking machine.

(hereinafter referred to as the “instant accident”). B. The instant accident alleged by the Plaintiff is a “instant accident.”

1) Meanwhile, the Defendant entered into a general liability insurance contract (hereinafter “instant insurance contract”) with H Co., Ltd. (hereinafter “H”) on December 20, 2013, which includes the compensation for the negligence of the parking lot manager.

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