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1. The Defendant: (a) KRW 33,130,000 for the Plaintiff and 5% per annum from January 22, 2014 to January 15, 2015.
Reasons
1. Facts of recognition;
A. On January 22, 2014, at around 06:18, the Defendant driven the freight B owned by the Defendant, and left the gold-distance intersection at the Osksksksle of the Sinsksle of the Sinsle of the Sinsle of the Sinsle of the Sinsksle of the Sinsksks, in violation of the signal signal from the front side of the racing to the front left-hand side of the C4.5 tons of the freight vehicle owned by the Plaintiff (hereinafter “instant freight vehicle”), which was left-hand from the front side of the racing to the front left-hand side of the Sins (hereinafter “instant freight vehicle”), and accordingly, the instant freight vehicle was parked.
B. On April 22, 2014, the Plaintiff scrapped the instant truck and received KRW 4,950,000 as the price of scrapping.
[Ground of recognition] Facts without dispute, Gap's 1 to 5, 9, 10 evidence, the purport of the whole pleadings
2. According to the above facts finding that the accident of this case occurred due to the defendant's violation of signals, the defendant is liable to compensate the plaintiff for the damage caused by the damage of the freight of this case.
3. Scope of damages.
A. The parties’ assertion 1) The plaintiff asserts that, at the time of the scrapping of the freight vehicle of this case, the notified value at the time of the scrapping is KRW 38,00,00,000, and the defendant shall compensate for the damage, while the defendant asserts that the value of the exchange should be calculated according to the fixed rate method, which is the basis of depreciation for taxation. 2) The damage in the event of the damage caused by a tort is possible, the repair cost, the exchange value, i.e., the decrease if the repair is impossible, and the exchange value, i., the exchange value at the time of the accident. (See, e.g., Supreme Court Decision 98Da3016, Mar. 27, 1998.) The exchange value at the time of the accident is ordinarily the same type of vehicle as that at the time of the accident where the vehicle of this case was damaged by another person's illegal act.