손해배상(기)
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
1. The gist of the Plaintiff’s assertion: (a) the Plaintiff supplied the automobile parts necessary for the repair of vehicles damaged by traffic accidents caused by the Defendant’s insured; (b) the Plaintiff supplied the parts to the maintenance business upon receiving payment guarantee from the Defendant when the damaged vehicle entered the maintenance business; and (c) agreed to receive the payment of the parts from the Defendant upon completion of the repair.
On October 7, 2013, the Plaintiff: (a) received payment guarantee from the Defendant to repair A NFH cars, which were put into a gold 1st class car industry company (hereinafter “gold industry company”); and (b) supplied parts equivalent to KRW 1,794,067 to the said industrial company around that time; and (c) supplied parts equivalent to KRW 1,970,430 to the said industrial company for the repair of BNF vehicles, which were put into a gold industry company on January 21, 2014.
Therefore, the Defendant is obligated to pay to the Plaintiff the total amount of KRW 3,764,497 (= KRW 1,794,067, KRW 1,970,430) supplied by the Plaintiff to the gold Industry pursuant to the above supply of parts or the payment guarantee agreement.
2. The following circumstances are revealed after considering the records of this case and the purport of the entire pleadings. In other words, in the case where the defendant's insurance policy is received a traffic accident caused by the defendant's insurance policy, the defendant merely guarantees the payment of the damaged vehicle to the maintenance business entity, and the plaintiff and the defendant asserted that the payment of the automobile cost does not directly guarantee the payment of the damaged vehicle, the documents, such as the contract between the plaintiff and the defendant, have not been prepared. ② After consultation with the maintenance business entity about the repair part, the defendant guaranteed the victim's payment of the repair cost liability to the maintenance business entity, and the maintenance business entity ordered the plaintiff to deliver the parts to the maintenance business entity.