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(영문) 서울중앙지방법원 2017.11.28 2017나54441
구상금
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. The Plaintiff is the owner of C vehicle (hereinafter “Plaintiff”), and the Defendant is the person who operates the D Licensed Real Estate Agent Office, and E was the broker assistant at the Defendant’s office.

On October 17, 2015, F, the Plaintiff’s wife, requested the Defendant to act as a housing broker to lease, and on October 17, 2015, F, using the Plaintiff’s vehicle, had the object of brokerage together with E.

F) At around 17:20 on the same day, F stopped in the vicinity of the bend-ro distance in order to lower E, and there was an accident of collision with the Plaintiff’s vehicle door (hereinafter “instant accident”) committed by G Hatoba, which was driven at the front of the steering line, in order to lower E.

Plaintiff

The K non-life insurance Co., Ltd., which entered into an automobile insurance contract with respect to vehicles, paid insurance money of KRW 1,183,560 as personal compensation for the driver, KRW 307,00 as personal compensation, KRW 717,40 as security for self-vehicle damage.

After the instant accident, the insurance premium for the Plaintiff’s vehicle was raised from KRW 965,230 to KRW 1,357,940.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s motion assistant E, while getting off the Plaintiff’s vehicle, did not look at the surrounding areas, caused the instant accident by mistake in the door of the Plaintiff’s own vehicle. As a result, the Plaintiff suffered damages of KRW 4,171,510 in total, including the insurance money paid in relation to the Plaintiff’s damages and the repair cost of the Plaintiff’s vehicle, the insurance premium increase for five years (=392,710 won x 5 years).

The accident of this case occurred while E returns the object of brokerage to the defendant's office after leaving the object of brokerage together with the plaintiff's wife. Thus, the defendant is liable to compensate for the damages suffered by the plaintiff pursuant to Article 15 of the Licensed Real Estate Agent Act or Article 756 of the Civil Act.

B. According to the above facts of recognition, the accident of this case is safe.

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