beta
(영문) 서울남부지방법원 2015.11.27 2014가단234920

양수금

Text

1. The Defendant’s KRW 188,00 and the Plaintiff’s annual interest thereon from May 9, 2013 to November 27, 2015, and the following.

Reasons

1. Basic facts

A. 1) The Plaintiff and A vehicle A (hereinafter “Plaintiff”)

As to the insurance period, the comprehensive automobile insurance contract (hereinafter “instant insurance contract”) with respect to the automobile from January 13, 2013 to January 13, 2014 (hereinafter “instant insurance contract”).

A) On April 17, 2013, at around 06:00, A used the Plaintiff’s vehicle, and died of the Plaintiff’s vehicle on the part of the head of the Simsan-dong STX-dong (hereinafter “instant road”) that was left alone while driving along two lanes from the parallel of grain to the parallel of earsan-dong (hereinafter “the instant road”).

(hereinafter “instant accident”). (b)

On March 28, 2013, the Defendant, as the road management authority of the instant road, received a report that the instant Trler was left alone on the instant road, and directed the instant Trler to move his vehicle to another place by not later than April 14, 2013. (2) The Defendant confirmed that the instant Trler was parked until April 15, 2013, and sent an official door requesting the treatment of the vehicle left alone with the traffic of the Sungsan-gu Office.

C. The Plaintiff paid KRW 940,000 at the repair cost of the Plaintiff’s vehicle. 2) The Plaintiff paid KRW 30,000 as insurance money under the “Agreement on Self-Bodi Injury” among the instant insurance contract to D, one of the inheritors, who is delegated by other co-inheritors C with all rights to the agreement on the instant accident, claim for agreement, and receipt.

3) D Transfer of claim for damages that A’s heir has on the part of the perpetrator (hereinafter “transfer of claim of this case”).

) After having issued the notice to the Defendant, it was notified. [The grounds for recognition: Facts without dispute, Gap evidence 1 to Gap 11, Eul evidence 2, Eul evidence 3 and the purport of the whole pleadings.]

2. Assertion and determination

A. The defendant raised an objection against the plaintiff.