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(영문) 서울중앙지방법원 2020.08.14 2019나45717
손해배상(기)
Text

1. The judgment of the court of first instance is modified as follows.

The defendant shall pay 1,318,800 won to the plaintiff and shall pay 1,318,800 won to the plaintiff on July 25, 2018.

Reasons

1. Basic facts

A. The Plaintiff is the owner of C2013 MW 320i vehicles (hereinafter “Plaintiff-motor vehicle”), and the Defendant is operating D company store (hereinafter “Defendant store”).

B. On July 25, 2018, the Plaintiff’s type E driven the Plaintiff’s vehicle and visited the Defendant store in order to request work to separate the Plaintiff’s vehicle from the other V.

C. In the defendant store, the plaintiff vehicle was placed in the lifts and the prescribed vehicle maintenance work was carried out, and the employee F of the defendant store was lowered from the lifts upon the request of the release of E.

【Facts without dispute over the grounds for recognition, Gap evidence 1, 2, Eul evidence 1, the purport of the whole pleadings

2. Judgment as to the primary cause of claim

A. According to the testimony of the witness G of the first instance trial and the statements and videos of the evidence Nos. 3, 5, 7, and 7 of the evidence No. 7 of the evidence No. 3, the Defendant Burial’s employee found the occurrence of an accident in which the vehicle was pushed down on the right side while the vehicle was pushed down to the right side and damaged on the lower part of the vehicle due to shocking the floor (hereinafter “instant accident”).

According to the above facts, since the accident of this case where the plaintiff's vehicle was damaged due to the negligence of the employee of the defendant store, the defendant is obligated to compensate the plaintiff for the property damage suffered by the plaintiff as the employer.

B. 1) The scope of liability for damages is recognized as having occurred, but where it is difficult to prove the specific amount of damages in light of the nature of the case, if it is difficult to prove the specific amount of damages, the court may determine a reasonable amount of damages by taking into account the overall purport of the pleadings and all the circumstances recognized as a result of the examination of evidence (Article 202-2. 2) under Articles 8 and 9 of the Civil Procedure Act, the Plaintiff paid KRW 484,000 at the repair cost of the Plaintiff’s vehicle, and KRW 1,400,000 at the repair cost from July 25, 2018 to August 1, 2018.

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