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(영문) 서울남부지방법원 2018.07.19 2018나50015
손해배상(자)
Text

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. Determination as to the cause of claim

A. 1) The Plaintiff, a car rental business entity under the Passenger Transport Service Act, is a vehicle A i30 vehicle (hereinafter “Plaintiff vehicle”).

(B) the Defendant is the owner and lessor, and the Defendant is the Defendant’s vehicle (hereinafter “Defendant’s vehicle”).

(2) On September 21, 2015, at the entrance of the Yol-dong Yol-dong Yoltel-dong, Sungnam-si, the Defendant vehicle was running a vehicle at the entrance of the parking lot, leading up to the front part of the Plaintiff vehicle which was parked at the entrance of the parking lot (hereinafter “instant accident”).

3) The Plaintiff spent KRW 325,00 on the repair cost of the Plaintiff’s vehicle due to the instant accident, and incurred a total of KRW 467,000,000, including Plaintiff’s rest fee of KRW 232,00. [Judgment of the court below is without merit, and there is no dispute over the grounds for recognition, each description of evidence A, video, and the purport of the entire pleadings.]

B. In light of the facts acknowledged prior to the determination, the instant accident appears to have occurred due to the total negligence of the Defendant’s driver, as the instant accident was caused by the shock of the Plaintiff’s vehicle, which was parked while the Defendant’s vehicle was parked in due diligence.

Therefore, the Defendant is obligated to pay to the Plaintiff damages of KRW 467,00 due to the instant accident and damages for delay calculated at the rate of 15% per annum from February 14, 2017 to the day of full payment, as the Plaintiff seeks.

2. The plaintiff's claim of this case should be accepted on the grounds of its reasoning. The judgment of the court of first instance is just and the defendant's appeal is dismissed on the grounds of its reasoning.

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