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(영문) 창원지방법원 2017.07.21 2015가단12027

손해배상(자)

Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Facts of recognition;

A. Defendant B is the owner of C Truck (hereinafter referred to as “Defendant vehicle”) and the Defendant Hyundai Marine Fire Insurance Co., Ltd. (hereinafter referred to as “Defendant Company”) is the insurer who entered into a comprehensive automobile insurance contract regarding the Defendant vehicle.

B. Around July 2014, the Plaintiff entered into a lease agreement with a social company and DWz SLR car (hereinafter referred to as “Plaintiff vehicle”) for a fixed lease period of 47 months.

C. On March 12, 2015, the Plaintiff, at around 12:13, driving the Plaintiff’s vehicle, driving the Plaintiff’s vehicle and driving the 2nd line road in the direction of pushing in Busan in the direction of pushing in the vicinity of the New Daegu Busan Busan Metropolitan City Highway in the city of Syang-do. At the time, the Defendant’s vehicle driven ahead of the Plaintiff’s vehicle, which was driving ahead of the Plaintiff’s vehicle, led to an accident where the proton fell into the road (hereinafter “instant accident”).

[Reasons for Recognition] Facts without dispute, entry of Gap 1, 2, and 10 evidence (including partial number), the purport of the whole pleadings

2. The Defendants’ determination as to the defense of this safety is merely against the lessee, who is not the owner of the Plaintiff’s vehicle, and the lessee was transferred the right to claim damages from the lessee, and thus, the Plaintiff did not have any standing to claim damages against the Defendants.

However, in the lawsuit for performance, such as the lawsuit in this case, a person who asserts that he is the claimant shall be standing to sue, and since the grounds alleged by the defendants are only matters to be judged as whether he has a claim within the merits, the defendants' defense is without merit

3. Judgment on the merits

A. The plaintiff's assertion by the parties is that the plaintiff is in need of KRW 3.8 million to repair the above damaged part, and the repair period of one day is required for the plaintiff, because the propeller who fell from the defendant's vehicle shocks the parts of the plaintiff's vehicle and the shower who fell into the part of the plaintiff's vehicle. Thus, the defendants jointly share the repair cost of KRW 3.8 million and the daily loan cost of KRW 1.1 million to the plaintiff.