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(영문) 서울중앙지방법원 2017.05.25 2016가단5155433

인수채무금 청구의 소

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1. The Defendant’s KRW 20,822,536 as well as the annual rate of KRW 6% from August 14, 2015 to July 14, 2016 to the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff, including the status of the parties, is a company that runs the import, sale, repair, etc. of “benched Motor Vehicle,” and the Defendant is an insurance company that entered into a comprehensive motor vehicle insurance contract with respect to creative education (hereinafter “original education”) and Achip motor vehicle (hereinafter “Achip vehicle”).

On the other hand, a new card corporation (hereinafter “new card”) is an owner of Bbenched passenger car (hereinafter “instant passenger car”).

B. The occurrence of the instant accident and the Plaintiff’s repair of the instant car (1) C was involved in the instant car while driving the instant car at the D parking lot located in Yongsan-gu, Yongsan-gu, Yongsan-gu, Seoul around July 18, 2015.

(2) On July 9, 2015, the Plaintiff: (a) requested the repair of the instant vehicle to repair the instant vehicle; and (b) transferred the instant vehicle to C on August 9, 2015, by means of replacing the paner, left-hand fence, and air-damer.

As a result, repair costs (parts and fees) incurred are KRW 20,822,536.

C. On July 31, 2015, when the new card claimed repair costs due to the instant accident, the court filed an application for mediation against the new card, etc. with the Seoul Central District Court 2015ss.52078. Accordingly, on September 18, 2015, the court rendered a decision in lieu of conciliation that the damages liability for the new card of creative education in relation to the instant accident does not exceed KRW 1,745,040, as the said judgment became final and conclusive around that time.

【Facts without dispute over the grounds for recognition, Gap’s 1, 2, 3 evidence, Eul’s 1, and the purport of the whole pleadings

2. Judgment on the plaintiff's assertion

A. The Plaintiff’s assertion and the Defendant’s counterclaim are the cause of the instant claim, and the Plaintiff is the Defendant, the insurer of the instant vehicle, prior to repairing the instant vehicle, as the cost of parts necessary for the repair of the vehicle.