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(영문) 서울중앙지방법원 2018.04.18 2017가단5085777
보험에관한 소송
Text

1. In relation to the accidents described in attached Form 1, the obligation to pay mutual aid money under a mutual aid agreement as described in paragraph 2.

Reasons

1. Basic facts

A. The Plaintiff is a business operator who has entered into a mutual aid agreement as shown in attached Form 2 with respect to A buses with a mutual aid association established under Article 61 of the Passenger Transport Service Act. Nonparty B driven the above vehicle and caused the same accident as shown in attached Form 1, and accordingly, C Leraber vehicle (hereinafter the instant vehicle) was destroyed.

B. Defendant ELIS Co., Ltd. (hereinafter Defendant ELIS) sought a mutual aid amount of KRW 12,096,260,000 from the repair cost, etc. to the Plaintiff as a person who provided parts necessary for the repair of the instant vehicle. Defendant U.S.A. Ltd. (hereinafter Defendant U.S.C.) leased another vehicle to D during the repair period of the instant vehicle, and sought a mutual aid payment of KRW 13,776,00,00 from the rental fee.

C. According to the Plaintiff’s terms and conditions of water mutual-aid, the repair cost shall be calculated on the basis of the actual repair cost as the cost required to restore to the state immediately preceding the accident, where it is possible to restore to the original state. If it is necessary to use a substitute for another vehicle during the period when the vehicle is damaged or damaged and is not in operation, it shall be paid the necessary cost for the substitute, and the ordinary cost required to borrow the same kind of leased vehicle shall be computed on the basis of the time when the vehicle is leased only, and the recognition period shall be limited to 30 days until the completion of the repair.

The instant vehicle was damaged by the rear pandeer and the tegroid (consort), thereby making it impossible to operate the instant vehicle immediately. The repair period was required from September 16, 2015 to October 16 of the same year for raising the parts in a foreign country due to the lack of the domestic inventory of the tegypt.

[Grounds for Recognition] Unstrifed Facts, Gap evidence 1 to 3, Eul evidence 1, 2.

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