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(영문) 인천지방법원 2016.11.03 2015가단240477

보험에관한 소송

Text

1. With respect to the traffic accident of May 14, 2015 with respect to B vehicles, the Plaintiff’s insurance obligation against the Defendant is 1,926.

Reasons

1. Basic facts

A. The Plaintiff is an insurer who entered into an automobile comprehensive insurance contract between the insured C and the insurance period from October 31, 2014 to October 31, 2015 with respect to D vehicles (hereinafter “Plaintiff vehicle”), and the following B.

The insurance terms and conditions related to the traffic accidents described in the paragraph shall be as described in the bottom part of the standards for payment of substitute damages in attached Form.

B. On May 14, 2015, at around 20:00, C operated the Plaintiff’s vehicle on the front side of the Namdong-gu Incheon Metropolitan City E on the road, there was a traffic accident which seems to be sprinked with the Defendant’s B Posing vehicle (hereinafter “Defendant’s vehicle”) driven by the Defendant’s attorney (hereinafter “instant accident”).

Road conditions, etc. at the time of the accident of this case shall be as shown in the attached Form site map.

(Provided, “Ma1 Vehicle” and “Ma2 Vehicle” mean the Plaintiff’s vehicle, and “Ma2 Vehicle” mean the Defendant’s vehicle. [The grounds for recognition: the fact that there is no dispute, the entries in Gap 1, 2, 4, and 9, and the purport of the whole pleadings]

2. The assertion and judgment

A. The purport of the Plaintiff’s assertion is that the instant accident is a very minor contact, and as a result, the damaged parts of Defendant’s vehicle are front of the driver’s seat, front fences, wheel parts, and front side of the vehicle claimed by the Defendant, such as the left side of the vehicle.

The appropriate repair cost of the Defendant’s vehicle due to the instant accident is limited to KRW 2,337,830, and the Defendant’s fault ratio in relation to the instant accident is at least 40%.

In addition, since the defendant does not prove the necessity of lending due to the accident of this case at all, there is no lending obligation.

Although the defendant did not actually borrow and lend, there is a need for borrowing and lending.

However, since the lending period is sufficient to be three days, the lending fee calculated according to the insurance policy is 142,155 won (i.e. daily lending fee 263,250 won x 3 days x 30% x 60% of the negligence of the plaintiff vehicle).

As a result, there is no insurance money obligation that the Plaintiff owes to the Defendant in the instant case in excess of KRW 1,54,850.