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(영문) 창원지방법원 2015.01.15 2014나32391
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. Basic facts

A. The Plaintiff is the owner of C dump truck (hereinafter “Plaintiff”), and the Defendant is the driver of Dump truck (hereinafter “Defendant vehicle”) owned by the F located in Gyeongnam-gun, Hanam-gun, Hanam-gun, with the number of G vehicle changed on June 3, 2014; hereinafter “Defendant vehicle”).

B. On May 6, 2013, the Plaintiff driven the Plaintiff’s vehicle at around 07:00, and driven the Plaintiff’s vehicle at the construction site of the tunnel No. 2, e.g., the e., the e., the e., the e., the e., the e., the e., the e., the e., the e., the e., the e., the e., the e., the e., the e. the e., the e

(hereinafter referred to as “instant accident”). C.

The damages incurred to the Plaintiff due to the instant accident are KRW 109,883,90, the vehicle repair cost, KRW 12,133,800, the temporary closure fee during the repair period, and KRW 15,00,000, the vehicle value decline.

The Samsung Fire and Marine Insurance Co., Ltd., the insurer of the Defendant vehicle, calculated the Defendant’s fault as 100%, and paid all of the insurance limit of KRW 100 million to the repairer of the Plaintiff vehicle as repair cost.

E. The Defendant claimed insurance money against the Plaintiff, the insurer of the vehicle, by the Changwon District Court 2013Gau3243, the Changwon District Court 2013Na3243, but the above court rendered a judgment dismissing the Defendant’s claim in its entirety, and the above judgment became final and conclusive around that time.

[Ground of Recognition] Facts without dispute, Gap evidence 1 to 9, Eul evidence 1 to 1 (including each number), the purport of the whole pleadings

2. Determination as to the cause of action

A. According to the above facts, pursuant to Article 750 of the Civil Act, the Defendant, the driver of the Defendant’s vehicle, is the Plaintiff, and the amount of damages KRW 137,017,70,00 = 109,883,90,00 incurred by the Plaintiff due to the instant accident that occurred due to the Defendant’s negligence of driving pursuant to Article 750 of the

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