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(영문) 서울중앙지방법원 2015.09.03 2014나42287
손해배상(자)
Text

1. The part against the plaintiff in the judgment of the court of first instance is revoked, and the plaintiff's claim is dismissed.

2. The total cost of the lawsuit.

Reasons

1. Facts of recognition;

A. The Plaintiff is the owner of a Abea cab (hereinafter “Plaintiff”) who entered into a mutual aid agreement with the Defendant, and the driver C of B cab (hereinafter “Defendant taxi”) entered into a mutual aid agreement with the Defendant, around August 1, 2012, around 23:50, the Plaintiff caused an accident that caused the Plaintiff’s failure to perform his duty to bomb on the front side of the Defendant vehicle while driving the Defendant taxi along the three-lane from the shooting distance in the front side of the 4-lane-lane road in Dongjak-gu Seoul Metropolitan Government, to drive the Defendant taxi on August 1, 2012, and driving the three-lane-lane to the front side of the Defendant taxi, while neglecting the duty to bomb and failing to secure safety distance.

(hereinafter “instant accident”). B.

After the accident of this case, the plaintiff's vehicle was repaired in accordance with the sex of the Motor Vehicle Repair Business Co., Ltd., and the defendant paid 1,640,000 won as insurance money.

다. 원고 차량의 주요 수리 내용은 백도어, 리어패널, 리어크로스맴버의 각 교환, 트렁크바닥, 리어휀더(좌, 우), D필라 익스텐션 패널(좌, 우)의 각 판금 등이다. 라.

On the other hand, the plaintiff's vehicle was registered on November 3, 2008 and passed three years and eight months after the release of the accident at the time of the accident at the time of the accident at issue, and about 98,362 km in odometer, and the value of the used vehicle immediately before the accident at issue is KRW 19,960,000.

[Ground of recognition] In the absence of dispute, Gap evidence 4-1, 2, and 3; Gap evidence 4-4; part of Gap evidence 4 (except for the part not trusted in the front) ; part of the appraisal commission of appraiser D by the court of the first instance; part of fact inquiry of appraiser D by the court of first instance (except for the part not trusted in the rear later); the purport of the whole pleadings

2. Assertion and determination

A. The plaintiff's assertion (1) The plaintiff suffered losses from the decline in the exchange value of the plaintiff's vehicle 2,195,600 won even after repair due to the accident of this case, which constitutes ordinary damages, and thus, the defendant, who is a mutual aid business operator of the harming vehicle, shall be liable to compensate the plaintiff

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