(영문) 전주지방법원 2017.12.15 2017나707 | 리걸엔진

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Reasons

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글꼴

크기(pt)

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줄 간격

자간(%)

(영문) 전주지방법원 2017.12.15 2017나707

손해배상(자)

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

2. The costs of appeal and the incidental costs thereof shall be individually considered.

Reasons

In fact, the Plaintiff is a person who carries out the transport business using a DNA Track Truck (hereinafter referred to as “instant damaged vehicle”) and G (24KL Tracler).

On August 25, 2015, Defendant B parked the E-motor vehicle on the right side of the two-lane side near the 1213-7 Cargo Logistics Terminal, Mapo-si, Mapo-si, Mapo-si.

The vehicles of this case shocked the front part of the damaged vehicle of this case, which was parked after the bald bald balk to the right after the bald bald bald.

(hereinafter “instant accident”). Defendant C is the owner of the instant sea vehicle.

【In light of the fact that there is no dispute, Gap's evidence Nos. 1, 2, 3, and 8, and the fact that there was damages liability for determining the claim purport of the entire pleadings, it is reasonable to view the accident of this case as an accident caused by the concurrent negligence between defendant B and defendant C's failure to properly display Bricks, and the negligence of neglecting the management of Bricks between the Lives of this case. Thus, the defendants, the joint tortfeasor, are jointly liable to compensate the plaintiff for damages caused by the accident of this case.

The plaintiff's assertion that the scope of damage compensation (exchange value decrease) is limited to KRW 7,146,430 due to the accident in this case, and thus, the defendants are jointly liable for compensation.

The amount of damages when the goods are damaged due to the tort of the relevant legal doctrine shall be the cost of repair if it is possible to repair them, and if it is impossible to repair them, the reduced exchange value shall be the ordinary amount of damages, and if parts that cannot be partially repaired remain after repair, the reduced exchange value shall be the normal amount of damages in addition to the cost of repair.

Supreme Court Decision 201No. 13 delivered on November 13, 2001

유사 판례

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-의정부지방법원 2015.01.30 2014나9435

-수원지방법원 2017.07.19 2016나79373

-부산지방법원 2018.02.01 2016가단350859