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(영문) 서울중앙지방법원 2017.08.11 2017가합513649
손해배상(기)
Text

1. Defendant B’s KRW 358,991,694 as well as 5% per annum from September 30, 2013 to August 11, 2017 to the Plaintiff.

Reasons

Basic Facts

Defendant B is a person who operates the “D store” (hereinafter “instant maintenance business establishment”), which is a motor vehicle maintenance business establishment in Young-gu, Young-si, Young-si, and the Plaintiff is a person who, around September 30, 2013, is responsible for the maintenance of the E-Poter motor vehicle owned by the Plaintiff (hereinafter “instant motor vehicle”).

On May 31, 2013, Defendant Hyundai Fire Insurance Co., Ltd. (hereinafter “Defendant Hyundai Sea”) concluded an insurance contract (hereinafter “instant first insurance contract”) with respect to the liability of the vehicle maintenance businessman arising from the instant maintenance business establishment with Defendant B, which covers KRW 100,00,000 (per person, per accident per person, per accident), large amount of KRW 40,00,000 (one accident), self-charges of KRW 500,000 (one accident), and KRW 500,000 (one accident) with respect to the liability of the automobile maintenance businessman arising from the instant maintenance business establishment (hereinafter “instant accident”) with the insurer, and the Defendant K non-life insurance Co., Ltd. (hereinafter “Defendant K non-life insurance”) concluded the automobile insurance contract (hereinafter “instant second insurance contract”) with respect to the instant automobile as the insured on November 30, 2012 between the Plaintiff and the Plaintiff.

On September 30, 2013, the Plaintiff: (a) driven the instant motor vehicle and visited the instant maintenance business establishment; and (b) requested F to maintain the instant motor vehicle, who is an employee of the instant maintenance business establishment; (c) transported the instant motor vehicle to F; and (d) the F driven the instant motor vehicle and parked on the lifts for the maintenance of 4 stocks located in the instant maintenance business establishment (hereinafter “instant lifts”).

After that, F, after getting off the instant vehicle, increased the premium of this case using an excursion ship type container that is next to the driver's seat, and among them, F, after having gone through the first door of the instant vehicle that the Plaintiff was able to move off to the left hand, the first door of the instant vehicle that the Plaintiff was able to move to the left hand, and after having found the wall inside the instant lifts, she was put to the wall of this case.

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