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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1...
Reasons
1. Facts of recognition;
A. On July 31, 2014, the Plaintiff entered into a contract between one Capital Co., Ltd. (hereinafter referred to as “one Capital”) and one Capital for the Plaintiff to siren B from July 31, 2014 to July 25, 2017 (hereinafter referred to as “the instant siren contract”), and the Defendant is the owner of one Capital Stock (hereinafter referred to as “the Defendant”).
B. At around 07:34 on December 9, 2016, D, a taxi driver affiliated with the Defendant, driven the Defendant’s vehicle, and took the front part of the Plaintiff’s vehicle driven by the Plaintiff’s representative director, who was driving on the left side of the right side of the Defendant’s vehicle, due to the negligence in violation of the signal while the vehicle’s progress signal was finished while driving from the Cheongcheon-ro, Seongdong-gu, Seoul to the 442 non-friendly-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ro
(hereinafter referred to as “instant accident”). C.
As a result, the Plaintiff’s vehicle was destroyed, and the Plaintiff’s vehicle was stored in the F Industrial Company on December 13, 2016 (hereinafter “F”) and was repaired until March 9, 2017.
The written estimate of repair costs of the Plaintiff’s vehicle prepared by G, the representative of F, is written in the sum of KRW 42,110,750.
The Defendant paid KRW 29,700,000 to F for the repair cost of the Plaintiff’s vehicle and the Plaintiff’s sirens, etc. The Defendant paid KRW 23,700,000 to the Plaintiff several times from March 2017 to August 2017, deducting KRW 23,700,000 from the said money as repair cost of the Plaintiff’s vehicle.
E. On March 15, 2017, the Plaintiff terminated the instant siren contract and returned the Plaintiff’s vehicle. At the time of concluding the instant siren contract, the Plaintiff returned the deposit received from the Plaintiff, and due to the instant accident and the said repair, the value of the parts of the Plaintiff’s fee, net, and set board.