(영문) 수원지방법원 2019.11.06 2019나54757

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(영문) 수원지방법원 2019.11.06 2019나54757

손해배상(기)

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1. The plaintiff's appeal and the defendant's appeal are all dismissed.

2. Of the appeal costs, the part arising from the Plaintiff’s appeal.

Reasons

1. Summary of grounds for appeal;

A. The Plaintiff (as to the scope of liability for damages), did not separately employ a lighting teacher who is an expert in charge of managing racing horses.

Even if the Plaintiff owned a number of racing horses in addition to the instant racing race, it should not be considered to reduce the Defendant’s liability for damages.

In light of the characteristics of the racing and horse transport transaction, it cannot be said that the Plaintiff is obligated to verify whether the instant racing equipment is installed or to verify the safety equipment, etc. of the instant vehicle.

The accident of this case occurred by the defendant's wrong operation of the vehicle of this case, and it cannot be viewed that internal factors of the racing of this case contributed to.

On a different premise, the first instance court's decision that limits the defendant's liability for damages to 60% is unfair.

B. Defendant 1) In light of the practices in the transaction of racing and horse transport and the specifications of the instant vehicle, it cannot be deemed that there was any negligence on the part of the Defendant on the part of the Defendant, with the fact that the tape, chain, support club, or mast, etc. for supporting the horse inside of the instant vehicle were not installed, and that the instant racing race does not have a protective gear. The Defendant cannot be deemed to have committed any negligence. The instant accident is force majeure, and thus, the Defendant cannot be deemed to have been held liable for damages. (ii) As to the scope of its liability for damages, the value of the instant racing race is KRW 76,800,000 according to the “Transaction comparison Act,” and it is reasonable to deem that the value of the instant racing race is KRW 85,700,000 according to the “Profit Access Act” to the calculation of the said value.

In addition, the defendant's liability for damages should be limited more than 60% recognized by the first instance court.

2. Determination

A. The Defendant’s grounds for appeal against this part of the underlying facts and the occurrence of liability for damages are as follows.

유사 판례

-수원지방법원안양지원 2014.12.04 2014가합104037

-수원지방법원안양지원 2019.01.16 2017가단123391

-제주지방법원 2019.11.27 2018나13899

-제주지방법원 2019.01.17 2016가합11758

-수원지방법원 2018.06.07 2017나79530