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(영문) 수원지방법원 2015.06.11 2014나31858
손해배상(기)
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. Summary of the plaintiff's assertion

A. The Plaintiff is the owner of the frozen tower A2.5 tons (hereinafter referred to as “first vehicle of this case”) and the Defendant Kitene Co., Ltd. (hereinafter referred to as “Defendant Kitene”) is the owner of B New Car (hereinafter referred to as “second vehicle of this case”).

Defendant LELI Co., Ltd. is an insurer who entered into an automobile insurance contract on the instant 2 vehicles with Defendant Kitren.

B. On November 22, 2013, around 5:5, 2013, the instant first vehicle and the instant second vehicle were in conflict with each other in the course of entering the officer-passing three-lanes in Seogan-gu, Seoan-gu (hereinafter “instant traffic accident”). In the instant traffic accident, the Plaintiff suffered damages equivalent to KRW 18,144,918, the repair cost of the instant first vehicle and KRW 18,918.

C. Therefore, the Defendants are liable to compensate the Plaintiff for the above damages.

2. In full view of the overall purport of the arguments and statements (including paper numbers) in evidence Nos. 2, 1, 2, 6, and 9 of the judgment, C concluded a vehicle lease contract with Defendant Kitren on January 12, 2012 with the term of lease of the instant two vehicles from January 12, 2012 to March 21, 2014, with the monthly rent of KRW 780,000 (hereinafter “instant lease contract”), and C received the said vehicle and operated the said vehicle for the purpose of security; C borrowed money from D around June 2012, and delivered the said vehicle to D for the purpose of security; C was notified of the fact that the instant vehicle was not returned for the reason that the said vehicle was not returned, but C was notified of the criminal facts of the instant lease of the instant vehicle on August 12, 2012.

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