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(영문) 서울중앙지방법원 2015.08.13 2015가단5077994

손해배상(자)

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is an insurer that entered into an automobile comprehensive insurance contract with C with respect to the rocketing car volume (hereinafter “Plaintiff”).

B. 1) On December 13, 2014, the Defendant’s vehicle quantity owned by the Defendant (hereinafter “Defendant’s vehicle”).

2) On the other hand, the head of Seocho-gu, Seoul, the head of the Seocho-gu, the head of the Si/Gun/Gu, and the head of the Si/Gun/Gu, the head of the Si/Gun/Gu, in which the head of the Si/Gun/Gu, tried to see and stop the front vehicle (hereinafter “prior traffic accident”).

(2) On the same day, E driving the Plaintiff’s vehicle on the same day at around 13:12, and driving along the two-lanes of the Simsu Simpo, Seoul, the rear part of the Defendant’s vehicle stopped in the tunnel due to the preceding traffic accident while driving the Plaintiff’s vehicle on the right side of the Gumpo, Seoul, and driving along the two-lanes.

(hereinafter referred to as “instant traffic accident”). [Grounds for recognition] The fact that there is no dispute, Gap evidence 1, 7, Eul evidence 5 (including paper numbers), and the purport of the whole pleadings.

2. The assertion and judgment

A. 1) The Plaintiff’s assertion 1) had already caused damage to the extent that the repair was impossible due to the previous traffic accident in this case. Since then, the lower part of the lower part of the Defendant vehicle was insignificant due to the instant traffic accident caused by minor contact with the Plaintiff’s vehicle. The repair cost of the Defendant vehicle due to the instant traffic accident is appropriate for KRW 500,000, and the repair cost of the Defendant vehicle is sufficient for two days, and the lease fee is reasonable for KRW 700,000 ( = 350,000 x 2 days). Accordingly, the Plaintiff’s insurance payment liability of the Defendant against the Defendant due to the instant traffic accident does not exceed KRW 1,20,000 ( = 70,000,500,000). However, the Plaintiff asserted that the damage caused by the instant traffic accident was insignificant, but the Defendant suffered injury due to the instant traffic accident, and the Defendant suffered injury, such as the brain injury.