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(영문) 수원지방법원 2019.12.18 2019나58285
손해배상(기)
Text

1. Of the judgment of the court of first instance, the part against the defendant ordering payment in excess of the following amount.

Reasons

1. Occurrence of damages;

A. 1) The Plaintiff is a corporation mainly engaged in petroleum retail business, and the Plaintiff is a member D of Ansan-si, Ansan-si (hereinafter “instant gas station”).

A) The Defendant is operating a vehicle with the Einsive vehicle (hereinafter “Defendant vehicle”).

The Defendant is the owner of the vehicle and the user of the Defendant vehicle, and the Defendant’s Intervenor is the insurer who entered into a comprehensive automobile insurance contract with respect to the Defendant vehicle. 2) The Defendant’s Intervenor, at the entrance of the instant gas station, set the front wheels of the vehicle at the front part of the contacter, and then released the broke at the middle of the contacter with the vehicle in a neutral state, there is a tunnel-type string (hereinafter “the instant detailed vehicle”).

3) On January 17, 2017, at around 14:15, the Defendant’s employee sought to visit the instant gas station in which the Defendant’s executive director was aboard the Defendant’s vehicle during the business hours, and visited the instant gas station. The employee of the instant gas station instructed the Defendant’s driver of the vehicle to remove blass in the middle section of the Defendant’s vehicle, and attempted to operate the instant tea. The Defendant’s employee did not put blass, but moved blass, but turned blass the instant vehicle into the instant tea, and the Defendant’s buck part was shocked (hereinafter “instant accident”).

4) As a result of the instant accident, the part of the instant tea was destroyed due to the instant accident, and the Plaintiff received repairs from F and disbursed KRW 20,106,823 at its repair cost.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 3, 5, 7, 9, 11 (including branch numbers) or video, the purport of the whole pleadings

B. According to the above fact of recognition of the liability for damages, the instant accident occurred by the Defendant’s employee, who is the driver of the Defendant’s vehicle, while performing his duties.

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