손해배상(자)
1. Of the instant lawsuit, the damages for the property of the Defendants amounting to KRW 123,400,000 and damages for delay are assessed against the Defendants.
1. The following facts do not conflict between the Parties:
On December 12, 2015, at the D pay parking lot located in Dong-nam, Dong-dong, Dong-dong, the towing engineer of Defendant E, operated by Defendant B (hereinafter “instant towing vehicle”) in the F towing Vehicle, was an accident where the vehicle loaded the Plaintiff’s vehicle (hereinafter “instant towing vehicle”) in the course of towing the vehicle with the G Stiltileing vehicle owned by the Plaintiff, and the vehicle fell into the ground (hereinafter “instant accident”).
B. In relation to the operation of the towing vehicle, Defendant Samsung Fire and Marine Insurance Co., Ltd. (hereinafter “Defendant Samsung Fire”) subscribed to the cargo liability insurance for the cargo of Defendant Samsung Fire and Marine Insurance Co., Ltd. (hereinafter “Defendant Samsung Fire”), and the Plaintiff was paid KRW 26,500,000 insurance money from Defendant Samsung Fire in relation to the damage incurred by the instant accident on February 17, 2016 (hereinafter “instant insurance money”).
2. Summary of the plaintiff's ground of claim
A. The Plaintiff suffered losses that the Plaintiff could not use the Plaintiff’s vehicle for 68 days due to the instant accident, and the amount of such damages is KRW 136,00,000 (i.e., KRW 2,600,000 per day rental fee x 68 days). Here, if the Plaintiff deducts KRW 12,60,000 from the instant insurance proceeds received from Defendant Samsung Fire, the remaining damages would be KRW 123,400,000 for the amount corresponding to the transportation cost out of the instant insurance proceeds received from Defendant Samsung Fire. The Defendants are jointly and severally liable to pay the Plaintiff the compensation for the said property damages and the delay damages.
B. Meanwhile, in relation to the receipt of the Plaintiff’s insurance proceeds from the instant accident, Defendant Samsung Fire filed a complaint with an investigation agency against the Plaintiff as an insurance fraud, and the Plaintiff suffered serious mental distress for at least one year, and Defendant Samsung Fire, who filed a reckless complaint, and made a false statement in the process thereof, jointly and severally with the Plaintiff, until he/she received a decision of non-guilty suspicion on November 2, 2017.