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(영문) 서울남부지방법원 2017.02.15 2016나64119
구상금
Text

1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to be paid additionally shall be revoked.

Reasons

Facts of recognition

A. With respect to AK5 automobiles (hereinafter “Plaintiff”), the Defendant Samsung Fire and Marine Insurance Co., Ltd. is the insurer who entered into each automobile comprehensive insurance contract with respect to B vehicles (hereinafter “Defendant”), and the Defendant East Petroleum Co., Ltd. is the method of automatically moving the vehicle into the entrance of the string machine, when the stringer of the floor automatically moving the vehicle into the tunnel.

(hereinafter referred to as "the owner of the third flag of this case") is the operator of the third flag of this case.

B. On January 27, 2016, around 16:00, the Plaintiff’s vehicle entered the instant three-year period, and was proceeding with the chain roller in a neutral state while entering the said three-year period, it seems to be in the future that the chain roller, before the instant three-year period, moves the vehicle in a neutral state to the outside of the three-year period while moving the vehicle in a neutral state.

In order to find out the defendant's vehicle which was stopped and to avoid drilling, Bracks had taken the Brack.

Accordingly, the following vehicles, following the Plaintiff’s vehicle, passed the instant detailed vehicle by chain rollers, shocked the back part of the Plaintiff’s vehicle.

(hereinafter referred to as “instant accident”). C.

On March 14, 2016, the Plaintiff paid KRW 328,000 at the repair cost of the Plaintiff’s vehicle due to the instant accident.

[Ground of recognition] In light of the fact that there is no dispute, Gap evidence Nos. 1 and 3, or the fact that the above recognition was made, the defendant's vehicle did not move immediately after the vehicle was passed through the third vehicle, but stopped immediately in front of the exit of this case.

Since the legal relationship requesting a rent is related to a contract for the completion of the rent work, the control over the vehicle during the rent work is against the buyer.

As such, it shall be.

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