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(영문) 대전지방법원 2019.04.10 2017가단212535
채무부존재확인
Text

1. The Plaintiff’s liability for damages against the Defendant regarding an accident listed in the separate sheet shall not exceed KRW 3,530,000.

Reasons

1. Basic facts

A. The Plaintiff is a corporation established under the Passenger Transport Service Act for the purpose of mutual aid services and entered into a mutual aid agreement with E, a passenger transport business entity (hereinafter “E”), and the Plaintiff is a driver of G-si owned by E (hereinafter “Plaintiff-si”), and the Defendant is a corporation operating a restaurant (hereinafter “instant restaurant”) with the trade name “I Lestop” from Daejeon-gu H and the first floor, the location of the place of business.

B. On March 11, 2017, around 05:57, F entered the road located in Seosung-gu Daejeon-gu, Daejeon-gu, into the outdoor garden of the instant restaurant and went out of the exit, due to a mistake in entering the road, while driving the Plaintiff taxi, and going out of the exit. However, while the Plaintiff taxi proceeding in the above outdoor garden, it was damaged by the turd, etc. being planted therein while the Plaintiff taxi was running in the above outdoor garden.

(hereinafter referred to as “instant accident”). [Grounds for recognition] The fact that there is no dispute, entry of Gap evidence Nos. 1, 2, and 6, and the purport of the whole pleadings.

2. Summary of the parties’ assertion

A. The Defendant’s damage caused by the instant accident of the Plaintiff’s assertion is equivalent to KRW 3,530,000 in total of the installation cost of the sidewalk block and the installation cost of the materials for the establishment of the establishment of the local government, and KRW 3,530,00 in addition to the installation cost of the new materials after the mination work, and there is

B. The defendant's assertion that the defendant suffered damages equivalent to KRW 12,09,90 in total, including KRW 3,850,000, KRW 3,159,900, KRW 5,000, and KRW 5,000, and KRW 12,009,90, due to the accident of this case, the plaintiff shall compensate the defendant for damages equivalent to the above amount.

3. Determination

A. Property damage caused by a tort refers to the disadvantage of property caused by an illegal harmful act, that is, the property condition that would have existed without the tort and the difference between the property condition after the tort was committed, and Supreme Court Decision 200.

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