beta
(영문) 서울남부지방법원 2018.11.22 2018나58507

구상금

Text

1. The plaintiff's appeal is all dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. The Plaintiff is the insurer who entered into an automobile comprehensive insurance contract with respect to C Motor Vehicles owned by B (hereinafter “Plaintiff”) and the Defendant Korea Eypt Co., Ltd. (hereinafter “Defendant Korea Eypt”) is the manufacturer of typists installed on the Plaintiff’s vehicle, and Defendant A sold and installed typs produced by Defendant Korea Eypian on October 12, 2016 on the Plaintiff’s vehicle.

B. On October 21, 2016, around 15:35, the occurrence of a traffic accident in which the Plaintiff’s vehicle shocked on the Highway in the Chungcheongnam-do, Chungcheongnam-gu, Chungcheongnam-do, Chungcheongnam-do, Chungcheongnam-do (hereinafter “instant accident”) (hereinafter “instant accident”).

C. On January 12, 2017, the Plaintiff paid KRW 3,128,00 as the repair cost of the Plaintiff’s vehicle, and KRW 507,30 as the repair cost of the Garails, and KRW 3,635,30 as the insurance proceeds.

[Grounds for recognition] The items of evidence Nos. 1, 2, 3, and 6, and the purport of the whole pleadings.

2. The plaintiff's assertion

A. The primary claim: On October 12, 2016, the Plaintiff’s vehicle was replaced by the typology D located in the Chungcheongnam-nam Budget Group operated by Defendant A.

The instant accident occurred due to the leakage of air pressure due to Defendant A’s negligence in the course of the start-up of the replacement of the Plaintiff’s vehicle, which led to the damage of the Plaintiff’s vehicle while driving.

Defendant A shall pay the above insurance money that the Plaintiff paid to the Plaintiff as the reimbursement.

B. Preliminary Claim: The instant accident occurred due to a defect in other words, and thus, the Defendant Republic of Korea should pay the insurance money paid by the Plaintiff as the amount of indemnity.

3. According to the statement in Gap evidence No. 5, as to the plaintiff's request for inspection of the plaintiff's vehicle moving-in product against the defendant's driver of the plaintiff's vehicle in Korea, the plaintiff's vehicle driver around November 2, 2016 shows that "as a result of the inspection of the accident in this case, rubber parts and new shares were stuffed from the valve, and air pressure leakage occurs, pluging down at a low air pressure.