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(영문) 대구지방법원 2015.12.04 2015나12237
손해배상(자)
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. A. On January 20, 2014, at around 21:40 on the 21:40-lane, B driven a cab for business use in the vicinity of the access road to the after-west of the Dong National University, University, Racing Hospital (hereinafter “Defendant vehicle”), and even though the U.S. is prohibited from operating a U.S., B operated a U.S. in the opposite line from the two-lanes of the 2-lane road in the Sungdong-dong bank.

D. D.124C., operated by the Plaintiff (hereinafter “Plaintiff Oba”), was entering the area of the Defendant’s left side of the Defendant’s vehicle, which was illegally operated by the Plaintiff, bypassing to sexually moving-out. However, the Plaintiff’s front part on the left side of the Defendant’s vehicle was shocked.

(hereinafter referred to as “instant accident,” and specific circumstances of the accident are as shown in the attached Form 1. B.

The defendant is a corporation which has entered into a mutual aid contract with the defendant.

[Ground of recognition] Facts without dispute, Gap evidence 2 (including paper numbers; hereinafter the same shall apply), Eul evidence 6, Gap evidence 1, 4, Eul evidence 1, 1, and the purport of the whole pleadings and arguments as evidence 1

2. According to the facts of recognition as above, the defendant who entered into a mutual aid agreement with the defendant's vehicle is liable for damages incurred to the plaintiff due to the accident in this case.

3. Scope of liability for damages

A. 1) Physical damage 1) Even if the cost of the exchange of damaged vehicles at the time of the repair cost accident was remarkably borne by the Plaintiff Orala, this case is deemed as non-repairable in economic respect, and it is only possible to claim for damages from the exchange price at the time of the accident (the remainder remaining after subtracting the scrap metal price from the compensation for damages). This is consistent with the concept of fairness above the compensation system.

Therefore, in the case of the need for the repair cost higher than the exchange price, the repair is strengthened.

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