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(영문) 서울중앙지방법원 2015.12.17 2015나22914
손해배상(기)
Text

1. The defendant's appeal is dismissed.

2. The part between the Plaintiff and the Defendant out of the costs after the appeal is filed.

Reasons

1. Facts of recognition;

A. The Plaintiff is the owner of B dump truck (hereinafter “Plaintiff”). Dump truck (hereinafter “Defendant vehicle”) is the owner of Hump truck (hereinafter “Defendant vehicle”). The Defendant is an insurer who entered into an automobile insurance contract (hereinafter “instant insurance contract”) with Dump truck (hereinafter “Defendant vehicle”) with the company whose main business is the dump construction. The Defendant is an insurer who entered into an automobile insurance contract with Dump truck (hereinafter “instant insurance contract”) with the Defendant vehicle with the content that the Defendant is liable for damages arising from the destruction or damage of another’s property due to an accident that occurred in the course of ownership, use, or management of the insured vehicle.

B. At around 08:00 on June 5, 2012, D, an employee of Heung Construction, driving the Defendant’s vehicle in the logistics warehouse parking lot Acons (hereinafter “instant construction site”) located in Gwangju-si, resulting in an accident in which Plaintiff C, who was preparing for the vehicle operation of the above Acons (hereinafter “instant accident”), was shocked by Plaintiff C, who was preparing for the vehicle operation of the said Acons (hereinafter “instant accident”).

C. The Plaintiff was liable for KRW 7,943,100 as the repair cost for the Plaintiff’s digging machines destroyed by the instant accident.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 10, Eul evidence Nos. 1, 2, Eul evidence and video evidence Nos. 2 and 3, part of witness D of the court of first instance (except part not trusted in the rear) / part of witness evidence of the court of first instance / part of witness D of the court of first instance (a part of the plaintiff's statement that the plaintiff made an estimate of the amount of KRW 600,000 for even replacement cost at the repair cost of the locker)

2. Determination

A. According to the above fact of recognition that the liability for damages occurred, D, an employee of Heung Construction, destroyed the Plaintiff C’s sofaculation machine by negligence while driving an insured vehicle, which is an insured vehicle, barring special circumstances, D’s employer and the Guarantee of Automobile Accident Compensation Act.

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