손해배상(기)
The Plaintiff (Counterclaim Defendant) shall pay 7,419,835 won to the Defendant (Counterclaim Plaintiff) and its related amount from November 4, 2015 to April 4, 2017.
The occurrence of the accident occurred on October 17, 2015, Defendant B driven an Abdop vehicle (hereinafter referred to as “Defendant vehicle”) around 11:30, and caused a sudden shock accident while driving the upper parallel line on the expressway of the Seogju ICT, Seogju, which caused the instant accident (hereinafter referred to as “instant accident”). The instant accident occurred even to the car owned by the Plaintiff by C.
The defendant Samsung Fire Marine Insurance is an insurer who has entered into a comprehensive automobile insurance contract with respect to the defendant vehicle.
Plaintiff’s assertion
At the time of the instant accident, black boxes, four-day machines, and paints were loaded on the Plaintiff’s vehicle. However, the instant accident caused damage to the Plaintiff’s black boxes and four-day machines, while the paint was shot up.
Therefore, the defendants are liable to compensate the plaintiff for damages caused by black boxes, damage to four-day machines, and loss of rental profit of four-day machines.
The Defendant Samsung Fire and Marine Insurance asserted by the Defendants that the paint loaded in the Plaintiff’s vehicle due to the instant accident was left right angles, and the Plaintiff was asked inside the vehicle, etc., and paid the repair cost, etc. to the Plaintiff.
However, it is not caused by the accident of this case where the paint is cut down from the inside of the vehicle.
Therefore, the Plaintiff has a duty to return the cost related to the repair cost and the loss of the rent, which the paint was left a slope, to Defendant Samsung Fire Maritime Insurance as unjust enrichment.
Judgment
In full view of the evidence Nos. 2-1, 2, 3, and Eul evidence Nos. 6-2, Eul evidence Nos. 1 and 4 (insignificant accidents), Eul evidence Nos. 1 and 4 (in the case of disagreements with the statement on the circumstances during which the page Nos. 1 and 4 was located on the plaintiff's vehicle), and the witness witness witness witness witness evidence’s testimony, it is reasonable to deem that the questioning of a paint on the plaintiff's vehicle, the four-day machinery owned by the plaintiff, and the black box is not caused by the accident
Therefore, the plaintiff's claim cannot be accepted. The plaintiff's insurance money received from defendant Samsung Fire Maritime Insurance is painted.