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(영문) 서울중앙지방법원 2017.09.26 2016가단5097926

구상금

Text

1. The Defendant’s KRW 23,935,00 for the Plaintiff and KRW 5% per annum from August 28, 2015 to May 13, 2016.

Reasons

1. Basic facts

A. The Plaintiff is an insurer who entered into an automobile comprehensive insurance contract with A (hereinafter “Plaintiff”).

At this time, the value of the Plaintiff’s vehicle was calculated as KRW 28,570,00, including accessories, such as a water strawer, etc.

The defendant is a mutual aid business operator who has entered into a mutual aid agreement with the vehicle B (hereinafter referred to as the "Defendant vehicle").

B. On July 31, 2015, at around 14:55, C driven the Defendant’s vehicle and proceeded in the direction of the home fluoring in the direction of the Seongdong High School (10 meters in width) in front of the Evexing point in Gangdong-gu Seoul, Gangdong-gu, Seoul. Although no signal lights are installed at the front section at the time, there is an intersection where signal lights are installed in the direction of the bend bridge in the direction of the sun middle school. In such a case, there was a duty of care to check and drive the vehicle by reducing the speed or temporarily stopping the vehicle to a person driving the vehicle as a duty.

그럼에도 C은 이를 게을리 한 채 그대로 진행한 과실로 마침 천호중학교 방향에서 굽은다리역 방향으로 신호에 따라 교차로를 진행(진행방향 노폭 15m)하던 F 운전의 원고차량 뒤 부분을 위 쏘나타 승용차 앞부분으로 들이받고, 그 충격으로 튕겨나간 원고차량의 조수석 옆 부분으로 반대편 도로에서 신호대기 중이던 G 운전의 H 유일브이에프(VF) 125CC 오토바이 왼쪽 부분을 들이받게 하였다

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

In the instant accident, the Plaintiff’s vehicle was destroyed to repair cost of KRW 22,118,140, except for the water tank, and the replacement cost was expected to have been KRW 14,500,000 due to Schlage’s destruction.

Accordingly, on August 27, 2015, the Plaintiff calculated the repair cost more than the value of the Plaintiff’s vehicle, and paid 23,880,000 won, which deducts the sales price of the remainder from 28,570,000 won, including the scoper, from the value of the Plaintiff’s vehicle, 28,570,000 won, to F.