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(영문) 부산지방법원 2018.07.04 2017나50980

구상금

Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1...

Reasons

1. On October 5, 2016, the Plaintiff, an insurer who entered into an automobile insurance contract with the Plaintiff’s assertion with respect to C&C vehicle (hereinafter “Plaintiff”), is liable to pay the Plaintiff the total amount of KRW 5,544,290, and delay damages on the part of the Plaintiff, after driving the Plaintiff’s automobile on the front side of Busan Seo-gu, Busan, on October 5, 2016. The Plaintiff caused a collision with the Plaintiff’s E-licensed Real Estate Agent Office’s signboard operated by the Defendant due to the typhoon’s impact. The said accident caused the Plaintiff to pay KRW 3,120,00 as the non-life insurance money for the Plaintiff’s own vehicle, KRW 1,405,890, and KRW 1,400 as the personal indemnity insurance money for the passengers, and thus, the Defendant is liable to pay the Plaintiff the total amount of KRW 5,544,290 and delay damages on the part of the Plaintiff.

A. The part of the medical expenses: According to Gap 4 through 7, the plaintiff paid 1,405,890 won to Dong winners and 1,018,400 won to G as insurance proceeds equivalent to the amount of the medical expenses until December 30, 2016.

In full view of the overall purport of arguments in the part of the automobile repair cost, Gap through 17 (including various numbers), Eul through 4, the defendant's e Licensed Real Estate Agent Office's signboards conflict with the plaintiff's vehicle on the side of the plaintiff's vehicle (registration No. 30, Aug. 30, 2010; 2,1850,000 won) where the defendant driven a road away from typhoons on the above temporary border border. The above accident was damaged, and the plaintiff paid KRW 3,120,00 as insurance money equivalent to the automobile repair cost. The fact that the damage occurred but it is extremely difficult to prove the specific amount of damage in light of the nature of the case, the court may determine a reasonable amount of damages in full view of the whole arguments and all the circumstances recognized by the result of the examination of evidence (Article 202-2 of the Civil Procedure Act).