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(영문) 서울북부지방법원 2015.04.07 2014나5034
손해배상
Text

1. Of the judgment of the court of first instance, the part against the defendant in excess of the amount ordered to be paid below shall be cancelled.

Reasons

1. Occurrence of liability for damages;

A. On May 18, 2013, the Defendant is deemed to be a private taxi (hereinafter “instant taxi”) operated by the Plaintiff in front of the Korean National Bank, Gangnam-gu, Seoul National Bank at around 23:58 on May 18, 2013.

(2) On June 14, 2013, the Seoul Northern District Court issued a summary order of KRW 200,000 as the Seoul Northern District Court Order No. 2013Da6275, Jun. 14, 2013, which issued a summary order of KRW 200,00,00 to the above court for formal trial on the ground that the Plaintiff was dissatisfied with a defect that the Plaintiff was receiving a pre-stopcing order and caused a string of the instant taxi to cut off the string of KRW 831,692, which caused damage to the string of the instant taxi and walking of the Plaintiff’s bridge. On November 28, 2013, the appeal and appeal were dismissed, and each of the above judgment became final and conclusive on July 10, 2014.

[Recognitions] The descriptions of evidence Nos. 1 and 2, and the purport of the whole pleadings

B. According to the above facts of recognition, the defendant is liable to compensate the plaintiff for the damages suffered by the plaintiff due to the above illegal acts.

2. Scope of liability for damages

A. Comprehensively taking account of the purport of the entire pleadings in the statement No. 1 of the vehicle repair cost Gap, the fact that the plaintiff accepted the instant taxi owned by the plaintiff and disbursed KRW 831,629 due to the instant case.

B. Although the Plaintiff sought payment of KRW 204,00 with the daily income, the Plaintiff failed to operate the said taxi due to the instant accident.

there is no evidence to prove that there has been damage equivalent to the above net income.

C. The consolation money to be paid by the Defendant to the Plaintiff is reasonable in light of the developments leading up to the occurrence of the instant accident, the Plaintiff’s age, occupation, and all other circumstances revealed in the argument of the instant case.

Therefore, the defendant is liable to the plaintiff for damages arising from tort.

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