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(영문) 부산지방법원 2015.02.05 2014가합49206

손해배상(자)

Text

1. The plaintiff's automobile insurance contract as stated in the separate sheet against the defendant in relation to the automobile accident stated in the separate sheet.

Reasons

1. Basic facts

가. B는 2014. 1. 28. C 스타렉스 차량(이하 ‘가해 차량’이라 한다)을 운전하다가 피고가 운전하던 피고 소유의 D 시트로엥 차량(이하 ‘피해 차량’이라 한다)과 사이에 별지 기재 교통사고를 일으켰다

(hereinafter “instant accident”). (b)

The Defendant entrusted the repair of the damaged vehicle to others, and leased the Escoo vehicle from the Barenk Co., Ltd. (hereinafter “Escook”) from January 29, 2014 to February 17, 2014.

C. Meanwhile, the Plaintiff is an insurer who entered into an automobile insurance contract in the attached Form (hereinafter “instant insurance contract”) with respect to the instant vehicle between B and B.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 6, the purport of the whole pleadings

2. The parties' assertion

A. The Defendant’s damage caused by the instant accident is limited to the fences and fences of the damaged vehicle, and the Defendant’s negligence in relation to the said accident is 30%.

Therefore, as an insurer of the instant insurance contract, the Plaintiff is obligated to pay to the Defendant KRW 661,030 (i.e., the part cost of KRW 417,450 x the negligence set-off 70%, based on the negligence set-off, the Plaintiff calculated the part cost of less than 100 won. 526,90 x the negligence set-off 70 ) and the lease fee of KRW 264,600 for two days during the ordinary repair period (i.e., the daily rental cost of KRW 189,600 x 2 x 70 x the negligence set-off x 70%) total of KRW 925,630.

B. The Plaintiff agreed to repair the damaged vehicle to the Defendant immediately after the occurrence of the instant accident, and the Defendant also agreed to lend the damaged vehicle to the Defendant for about about 19 days from the leene.

However, the loan and lending costs due to the instant accident are KRW 4,256,00, and the repair costs of wheelchairss, body, etc. in addition to the fences and slicks after the damaged vehicle are also caused by the instant accident.

Therefore, the Plaintiff, the insurer of the instant insurance contract, is the instant accident.