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(영문) 대전지방법원 2019.01.24 2017나113691
손해배상(자)
Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

Reasons

1. The reasoning for this part of the court’s claim for damages is as stated in the reasoning of the judgment of the court of first instance, and thus, this part is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Scope of damages.

A. A. A thorough examination of the occurrence of the instant accident, which is recognized by the evidence revealed prior to the limitation of liability, is sufficient to readily conclude that the driver of the instant truck is wrong in view of the characteristics of the truck’s operation. If the driver of the instant truck did not go to handb, it would be sufficient to say that the other driver of the vehicle would have suffered a large accident accompanied by hand, and (4) the truck appears to have been in excess of the immediately preceding limit of the accident, and to have been in excess of the speed of the accident, and to have been in excess of the speed of the accident immediately preceding the accident, and the degree of the intrusion is significant; (2) the truck of this case was a string road; and (3) the truck of this case was threatened by the other vehicle before entering the stack section; and (4) the vehicle of this case, taking into account all the aforementioned circumstances, it is reasonable to limit the Plaintiff’s liability for damages by 5% by taking into account the Plaintiff’s negligence as a whole.

B. Repair costs: In cases where a vehicle is damaged due to an accident related to 20,130,240 won, and the cost required for the repair considerably exceeds the vehicle exchange value, only the remainder calculated by subtracting the scrap metal cost from the exchange value at the time of the accident from the economic point of view that it is not possible to repair in general, may be claimed as damages. However, in cases where there are special circumstances that make it possible for a vehicle to repair even after paying the repair cost higher than the exchange value, the full amount of the repair cost may be recognized as the amount of damages.

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