logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울북부지방법원 2017.09.08 2017나30772
손해배상(자)
Text

1. Of the judgment of the court of first instance, the part against the defendant in excess of the following amount ordered to be paid shall be revoked.

Reasons

1. Basic facts

A. The Plaintiff is a company running the taxi passenger vehicle transport business under the Passenger Transport Service Act, which is the owner of A rocketing passenger vehicle (the first date of registration on September 29, 201, the engine displacement of 1,98cc., hereinafter “Plaintiff”), and the Defendant is the insurer who has concluded the automobile damage insurance contract with BM3 passenger vehicles (hereinafter “Defendant”).

B. On April 28, 2016, the driver of the Defendant vehicle driven the Defendant vehicle on April 21, 2016, and caused the damage of the Plaintiff vehicle by breaking the back part of the Plaintiff vehicle, which was driving an emergency, etc. on the front part of the Defendant vehicle while driving the vehicle along the three-lane direction in the direction of the front direction of the front direction of the vehicle in Seoul, without securing the safety distance, due to negligence, due to the vehicle’s failure to secure the safety distance.

(hereinafter referred to as “instant accident”). C.

From May 10, 2016 to June 7, 2016, the Plaintiff entered the Plaintiff’s vehicle into the repair business entity and repaired the Plaintiff’s vehicle. A total of KRW 8,448,691 (value Added 7,68,629, value Added 768,062) was claimed at the repair cost, and KRW 67,00 was required at the vehicle towing cost.

[Ground of recognition] Facts without dispute, entry of Gap evidence Nos. 1 through 7, 9 and the purport of the whole pleadings

2. According to the above fact of recognition of the occurrence of liability for damages, the defendant is liable for damages sustained by the plaintiff due to the accident in this case under Article 724(2) of the Commercial Act as the insurer of the defendant vehicle.

3. Scope of liability for damages

A. The parties’ assertion 1) claims that the Plaintiff sought damages equivalent to KRW 8,448,691 in total amount of repair cost caused by the instant accident. Accordingly, the Defendant is liable to compensate for damages up to KRW 1,160,900 in exchange value of the Plaintiff’s vehicle, and even if liability corresponding to repair cost is recognized, value-added tax should be deducted. 2) Where the judgment of the parties causes damage to an article due to a tort.

arrow