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(영문) 부산지방법원 2016.05.27 2014나14372
구상금
Text

1.The judgment of the first instance shall be modified as follows:

The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) is KRW 5,819,100 and also KRW 5,810.

Reasons

All principal lawsuit and counterclaims shall be deemed to be filed together.

1. Basic facts

A. The Plaintiff is a non-profit legal entity established under the Trucking Transport Business Act, and is a mutual aid business entity that entered into a mutual aid agreement between May 22, 2012 to May 22, 2013 and the Defendant is a legal entity that engages in information and communications business, etc. with respect to damage caused by an accident that occurs in the course of operating a vehicle A (Scar Track (hereinafter “Plaintiff”) under his/her ownership.

B. On May 16, 2013, at around 19:15, B, while driving the Plaintiff’s vehicle and passing through a three-distance distance near the Busan bank located in the south-gu Busan, there was an accident where the telecommunication cable for the Defendant, which was installed on the ground, (hereinafter “instant cable”), was loaded on the trar (C; hereinafter “instant trar”) of the Plaintiff’s vehicle onto the trar (hereinafter “instant trar”) (hereinafter “instant accident”).

C. A vehicle (E, F) and tent, rooftop, CCTV, etc. parked near the instant cable due to the instant accident, causing damage to the said wire. The Plaintiff paid the owner of the said article KRW 8,313,00 in aggregate of the repair cost, etc. = KRW 850,000 ( May 28, 13, 199) for the repair cost for the E-vehicle repair cost of KRW 310,000 ( August 14, 13) for the 963,000 repair cost for the Round on the rooftop ( July 22, 13), KRW 400,000 ( May 29, 13), and KRW 5,790,000 for the CCTV repair cost of KRW 5,790,00 for the CCTV repair cost of the said article ( March 29, 13).

The Defendant required to pay KRW 1,865,00 to restore the electric poles and communication lines destroyed by the instant accident.

E. The instant electric wire was installed at a height of approximately 4.5 meters at the time of its initial installation.

[Ground of recognition] Facts without dispute, Gap 1, 2, 4, 7 evidence, Eul 5 evidence (if there are provisional numbers, including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. The parties' assertion

A. The plaintiff's assertion of this case.

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