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(영문) 대구지방법원 2017.12.13 2017나308987

보험금

Text

1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

Reasons

1. Facts of recognition;

A. The Plaintiff concluded an automobile damage insurance contract (hereinafter “instant insurance contract”) with the Defendant and the Plaintiff (registration number B; hereinafter referred to as “instant automobile”) containing a security for self-vehicle damage.

B. According to the terms and conditions of the instant insurance contract, the Defendant shall pay as insurance proceeds the amount obtained by deducting the amount of self-charges (20% of the amount of damage, minimum charges of 200,000, maximum charges of 500,000) as stated in the insurance policy from the aggregate of the amount of damage and expenses incurred to the insured automobile in the event of the occurrence of self-vehicle damage. Upon receipt of the documents relating to the claim of insurance, the Defendant shall set the insurance amount to be paid without delay and pay the insurance proceeds within seven

C. On July 1, 2016, within the instant insurance contract period, the instant automobile was destroyed by shocking objects while the Plaintiff operated the instant automobile.

On July 5, 2016, the Plaintiff’s husband C delegated Korea Motor Vehicle Adjustment Co., Ltd. (hereinafter “Korea Motor Vehicle Adjustment Co., Ltd”).

On July 13, 2016, Korea Automobile Damage Assessment submitted to the Plaintiff a statement of damage assessment calculated as KRW 2,841,434 of the instant automobile repair cost (hereinafter “damage Assessment Statement”) based on the Plaintiff.

In calculating the repair cost as above, it is KRW 28,300 per hour applied by Korea's automobile damage assessment is about 28,300, respectively.

E. On July 19, 2016, the Plaintiff requested D to repair the instant vehicle, and paid KRW 2,841,000 as repair cost.

Around that time, the Plaintiff filed a claim with the Defendant for the amount of KRW 2,341,00,00, which is the maximum amount of self-paid charges under the insurance terms and conditions of the instant insurance contract, after deducting KRW 500,000 from the above repair cost. However, the Defendant’s claim is excessive on July 22, 201