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(영문) 서울남부지방법원 2019.11.28 2019나864
손해배상금 등
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. The Plaintiff is the owner of C Trucking Vehicle (hereinafter “Plaintiff”).

B. On January 15, 2018, around 00:34, the Defendant, while driving a freight vehicle owned by D Co., Ltd. (hereinafter “Defendant vehicle”), caused a contact accident shocking the front door of the Plaintiff vehicle that was parked.

As a result, there was damage, such as the lave of the chief laver part of the plaintiff's vehicle, laved, etc.

C. The FFFF Financial Cooperative, which concluded a mutual aid agreement on the Defendant’s vehicle, paid KRW 756,000 insurance money out of the repair cost of the Plaintiff’s vehicle due to the above contact accident and the subsequent lending cost.

[Ground of recognition] Facts without dispute, Gap evidence 2, 3, Eul evidence 2 and 3 (including paper numbers) and the purport of the whole pleadings

2. The plaintiff asserts that the defendant is liable to pay the above KRW 2,500,000 and delay damages to the plaintiff on the ground that the above contact accident caused the confirmation of the defendant's vehicle and the repair of the plaintiff's vehicle did not work for 10 days. Thus, the defendant is liable to pay the plaintiff the above KRW 2,50,000 and delay damages.

In light of the process of obtaining CCTV images from the Plaintiff based on the aforementioned facts and the evidence revealed earlier, the degree of damage to the Plaintiff’s vehicle, and the details of insurance proceeds paid to the Plaintiff by the FFF Mutual Aid Association, etc., it is insufficient to recognize the Plaintiff’s above assertion solely with the descriptions and images of evidence Nos. 1 through 3, and there is no other evidence to acknowledge otherwise.

Therefore, the plaintiff's above assertion is without merit.

3. Conclusion, the plaintiff's claim shall be dismissed as it is without merit.

The judgment of the court of first instance is just in conclusion, and the plaintiff's appeal is dismissed as it is without merit.

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