2017 Ghana52159 Damage

A

B

April 2, 2018

April 30, 2018

1. The defendant shall pay to the plaintiff 3,522,873 won with 5% interest per annum from October 12, 2017 to April 30, 2018, and 15% interest per annum from the next day to the day of full payment.

2. The plaintiff's remaining claims are dismissed.

3. Two-thirds of the costs of lawsuit are assessed against the Plaintiff, and the remainder is assessed against the Defendant.

4. Paragraph 1 can be provisionally executed.

The defendant shall pay to the plaintiff 11,370,380 won with 15% interest per annum from the next day of service of the complaint to the day of full payment.

1. Facts of recognition;

On June 1, 2017, the defendant set the car owned by the defendant (hereinafter referred to as the "Defendant vehicle") in the automatic seter in the ELP charging station in the drawing ELP, operated by the plaintiff, and caused the car to be neutralized within the automatic seter, and caused damage to the blurgs of the automatic seter, which was driven by the defendant vehicle while moving before and after the vehicle while operating the automatic seter.

[Reasons for Recognition] Uncontentious Facts, Gap 1, 2 evidence, witness C, the purport of the whole pleadings

2. Occurrence of liability for damages and limitation on liability;

The above accident occurred due to the negligence of the defendant who did not operate the scam as marked in the scam or who did not operate the scam as it was marked in the scam so that the defendant's vehicle does not move in during the operation of the scam. Therefore, the defendant is liable to compensate for the damages suffered by the plaintiff.

On the other hand, the driver of the vehicle is expected to be salking or middle up the language of the vehicle in question according to the type of the vehicle vehicle set up in the Seoul Special Metropolitan City Mayor, and there is room for confusion as a driver of the vehicle. Thus, the plaintiff operating and operating the vehicle of the vehicle of the vehicle of the vehicle of the vehicle of the vehicle of the vehicle of the vehicle of the vehicle of the vehicle of the vehicle of the vehicle of the vehicle of the vehicle of the vehicle of the vehicle of the vehicle of the vehicle of the vehicle of the vehicle of the vehicle of the vehicle of the vehicle of the vehicle of the vehicle of the vehicle of the vehicle of the vehicle of the vehicle of the vehicle of the vehicle of the vehicle of the vehicle of the vehicle of the vehicle of the vehicle of the vehicle of the vehicle of the vehicle of the vehicle

2. Scope of liability for damages

(a) Damage equivalent to the repair cost recognized as repair cost, which is 10,064,780 won (Evidence A1);

B. Whether it is equivalent to lost profit

The Plaintiff sought compensation for total loss of 1,305,60 won, but there is no sufficient evidence to acknowledge it, and such loss constitutes special damage arising from so-called special circumstances, not ordinary damage, and it is difficult to recognize that the Defendant was aware, or could have known, at the time of the Defendant’s act. This part of the Plaintiff’s claim is not accepted. Considering the lifespan of replacement parts for depreciation and limitation of liability, the number of years elapsed, and two years elapsed, regarding the repair cost of 7,045,346 won applied the depreciation rate of 30% by deeming the depreciation rate of 15% in straight line (i.e., 10., 06.70 x0.70 x0.7) as above, the amount of damages liability after recognizing the limitation of liability as above shall be 3,522,873 won ( =7,045,346 x.50.3.3.3.5).

The defendant is obligated to pay to the plaintiff 3,522,873 won and damages for delay thereof, and the plaintiff's claim partially accepts the plaintiff's claim (the defendant recognizes only damages for delay by the rate of 5% per annum as stipulated in the Civil Act until the date on which the decision is rendered with a substantial dispute as to the existence or scope of

Judges Kim Jong-chul

* The ruling of small-sum case may choose not to state the reasons in accordance with Article 11-2(3) of the Trial of Small Claims Act.