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(영문) 서울중앙지방법원 2019.01.15 2018나53704

구상금

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1. The part against the Defendants in the judgment of the court of first instance, which exceeds the following amount ordered to be paid.

Reasons

1. Basic facts

A. The Plaintiff is an insurer that entered into an automobile insurance contract with respect to the E-vehicle (hereinafter “Plaintiff-vehicle”).

Defendant B’s owner of F vehicle F (hereinafter “Defendant vehicle”) and Defendant C Co., Ltd. (hereinafter “Defendant Company”) are the insurer who entered into a comprehensive automobile insurance contract with respect to the Defendant vehicle.

B. On October 28, 2017, Defendant B driven approximately 150 km the Defendant’s vehicle, and around 18:08 on the same day, Defendant B parked the Defendant’s vehicle in the G Apartment H-dong Underground Parking Lot (hereinafter “instant parking lot”) in the Namyang-si, the domicile of his residence, at around 18:08.

C. On October 28, 2017, around 20:14, 2017, after Defendant B parked the Defendant vehicle and 2 hours elapsed, Defendant B was seriously burned the engine studs inside the Defendant vehicle, so that the Defendant B was able to grow down on the blick side of the Defendant vehicle, so that the studs inside of the Defendant vehicle could make it difficult to length

(hereinafter “instant fire”). The Plaintiff’s vehicle parked around the Defendant’s vehicle at the time of the instant fire was contaminated by the fire and the fire, and the toxic gas was discharged into the Plaintiff’s vehicle.

On November 30, 2017, the Plaintiff paid insurance proceeds of KRW 600,00 to the Plaintiff’s vehicle as repair expenses.

[Ground of recognition] Evidence Nos. 1 through 5, Evidence A Nos. 1 and 2, and the purport of the whole pleadings

2. The parties' assertion

A. Since the instant fire occurred due to the defect in the maintenance, negligence, and preservation of Defendant B, the owner and the occupant of the Plaintiff’s vehicle, Defendant B is liable for tort liability under Article 750 of the Civil Act or the possessor or owner of a structure under Article 758 of the Civil Act for the damage incurred to the Plaintiff’s vehicle due to the instant fire, and the Defendant Company is liable as an insurer who entered into an automobile insurance contract with respect to the Defendant vehicle, and the Plaintiff paid the insurance money equivalent to the repair cost of the Plaintiff’s vehicle due to the instant fire.