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(영문) 인천지방법원 2019.06.13 2017나66193
구상금
Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the amount ordered to be paid below shall be revoked.

Reasons

1. Facts of recognition;

A. The Plaintiff is an insurer who has entered into an automobile insurance contract with C with respect to Dddon Nos. Madon Vehicles (hereinafter “Plaintiffs”).

The defendant is the owner and operator of the F consortium in Seo-gu Incheon (hereinafter referred to as "F").

B. On May 24, 2015, around 12:47, when C driving the Plaintiff’s vehicle and left a three-distance in the F parking lot (hereinafter “instant three-distance”), an accident that conflicts with the Defendant’s golf car sets No. 97, which is left left from the left side of the Plaintiff’s vehicle (hereinafter “Defendant car”) (hereinafter “instant accident”).

On the parking lot in F, there is no median line sign and the direction of proceeding is displayed only on the road surface in which the accident of this case occurred, and on the surface of the road in which the fire of this case is marked with the direction of proceeding of the Plaintiff vehicle, the direction that the Defendant Carart proceeded before arrival on the vertical distance and the opposite direction.

C. On May 29, 2015, the Plaintiff entrusted the repair of the Plaintiff’s vehicle to G Co., Ltd. (hereinafter “G”) on and around August 5, 2015, and paid KRW 7,463,500 as repair cost. However, even after the repair of the vehicle, the Plaintiff received a return of KRW 4,200,000 from the said company on or around April 11, 2016, when there was a problem in vehicle operation.

On April 5, 2016, the Plaintiff requested H (hereinafter referred to as “H”) to repair, and around April 11, 2016, paid KRW 12,00,000 (the amount obtained by deducting KRW 500,000 from its own shares) to the said enterprise as repair cost.

I Co., Ltd. (hereinafter referred to as “I”) entered into a comprehensive insurance contract with the Defendant with movable property (hereinafter referred to as “Defendant”) agreed to pay KRW 1,071,70 to the Defendant’s repair cost due to the instant accident, and to pay KRW 6,03,840 (the amount obtained by deducting KRW 100,000,000, which was paid by the Defendant to J), to K 632,000, and to L 656,000.

[Ground of recognition] Unsatisfy, Gap evidence 1 to Gap evidence 4, Gap.

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