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(영문) 인천지방법원 2017.07.04 2016가단211858

손해배상(기)

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1. Regarding the accident described in the separate sheet, 6,799,000 won is the Plaintiff’s obligation to pay damages to the Defendant.

Reasons

1. Basic facts

A. On September 17, 2015, at around 16:40, the Plaintiff driven a C Vehicle (hereinafter “Plaintiff”) and changed its course rapidly in the vicinity of the Estits located in Seocho-gu Seoul, Seocho-gu, to the left side of the Plaintiff’s vehicle, and the front part of the Fenzz 220 vehicle owned by the Defendant (hereinafter “Defendant vehicle”) was shocked into the left side of the Plaintiff’s vehicle. Accordingly, the Defendant’s vehicle was destroyed by the front part of the right side of the Defendant vehicle.

(hereinafter “instant accident”). (b)

The Plaintiff entered into an insurance contract for the Plaintiff’s vehicle with Nonparty Mez Fire Insurance Co., Ltd. (hereinafter “Plaintiff Insurance Company”), and the Defendant entered into an insurance contract for the Defendant’s vehicle with Nonparty Samsung Fire Insurance Co., Ltd.

C. On September 24, 2015, the Defendant: (a) requested repair from the Defendant Company G (hereinafter “Maintenance Company”); (b) the Maintenance Business Company supplied part of parts, etc. from the Radstomat Co., Ltd., the parts supplier, completed repair of the Defendant’s vehicle; and (c) the Defendant released the Defendant’s vehicle that completed repair on or around October 7, 2015.

After that, the maintenance company requested the Plaintiff insurance company to purchase 2,657,579 won in total for the repair cost and the purchase cost of parts for the Defendant’s vehicle due to the instant accident (i.e., repair cost of KRW 1,662,959). However, the Plaintiff insurance company did not pay any money to the maintenance company for excessive reasons, such as repair cost.

On September 25, 2015, the Defendant entered into a lease agreement with a new Anncheon Car (hereinafter referred to as “Mancheon”), and used the said Addi vehicle from September 25, 2015 to October 16, 200 from September 17:30 to October 5, 2015.

[Ground for recognition] Unsatisfy, Gap evidence 1 (including each number, hereinafter the same shall apply), Eul evidence Nos. 1, 2, 3, 8, and 12, and the purport of the whole pleadings

2. Determination: