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(영문) 서울서부지방법원 2020.06.04 2019나528
손해배상(기)
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. The Plaintiff is the driver of the Plaintiff’s vehicle number Cone Star Co., Ltd. (hereinafter “instant vehicle”), and the Defendant is the driver of the Saturdays vehicle (hereinafter “instant Defendant”).

B. At around 08:30 on January 30, 2018, the Defendant caused an accident of collision with the rear part of the Plaintiff’s vehicle’s right side, which was parked in the front of the Drick-distance Ecafeteria, which had been driven by the Defendant on the front of the Drown-si cafeteria, (hereinafter “instant accident”).

C. On February 8, 2018, the Plaintiff left the repair of the Plaintiff’s vehicle destroyed by the instant accident to the F Motor Vehicle Industrial Complex.

In the FF. Industrial Complex, a written estimate (No. 3) was issued to the Plaintiff that the repair cost of KRW 1,565,463 for the instant Plaintiff’s vehicle was required, and in G, a rental car company G, the repair period of the said Plaintiff’s vehicle from February 8, 2018, which is the repair period of the said Plaintiff’s vehicle.

2. up to 14. Around 14. A tax invoice (Evidence A No. 4) was issued to the effect that the amount of KRW 1,019,700 is spent as a siren cost.

【Reasons for Recognition】 Evidence Nos. 1 through 5, 7, and the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff asserts that the plaintiff suffered damages equivalent to KRW 2,586,163 in total of KRW 1,565,463 in the repair cost and 1,019,700 in the plaintiff vehicle of this case due to the accident of this case caused by the defendant, and thus, the defendant should compensate the plaintiff for the damages.

In regard to this, the defendant asserts that the repair cost of the plaintiff vehicle of this case is excessive to the portion unrelated to the accident of this case, and therefore, the defendant does not have any liability to compensate for the remainder exceeding the reasonable repair cost for the damaged portion due to the accident of this case.

B. The lower part of the Plaintiff’s right side was destroyed due to the instant accident, and the estimate of the repair cost was KRW 1,565,463, and the estimate of the rental cost during the repair period was KRW 1,019,700.

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