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(영문) 서울중앙지방법원 2016.01.26 2014가단5014996
손해배상(기)
Text

1. The Defendant’s KRW 2,074,591 as well as the Plaintiff’s annual rate from February 18, 2014 to January 26, 2016.

Reasons

1. Facts of recognition;

A. The Plaintiff is the owner of B rocketing Hashed vehicle (hereinafter “victim”), and the Defendant is a stock company with the purpose of insurance business, etc.

B. On December 3, 2013, at around 09:50 on December 3, 2013, the Plaintiff is driving a damaged vehicle from the third distance of the large driving school in Seo-gu, Seo-gu.

The defendant's comprehensive motor vehicle insurance caused a traffic accident (hereinafter referred to as "the traffic accident in this case").

C. The damaged vehicle is the first registered vehicle on March 25, 2013, and the odometer was 10,899km at the time of the instant accident. D.

The damaged vehicle has been repaired in an amount equivalent to KRW 13,830,609 due to the instant traffic accident, and the defendant paid the repair cost in full.

The value of the damaged vehicle immediately before the instant accident is 25,400,000 won.

[Ground of recognition] Facts without dispute, Gap evidence No. 21-1 to 4, the purport of the whole pleadings

2. The plaintiff asserts that the plaintiff suffered from a traffic accident caused by the negligence of the driver of a sea-going vehicle insured by the defendant's comprehensive automobile insurance, resulting in a decline in the value of the vehicle in addition to the repair cost, and that the defendant is obliged to pay at least to the plaintiff the value decline loss as provided by the defendant's terms

The standard terms and conditions of automobile insurance provides that the standard terms and conditions of automobile insurance shall pay 15% of the cost of repair if the cost of repairing a motor vehicle due to an accident (limited to a motor vehicle with two years or less after its launch) exceeds 20% of the value of the motor vehicle immediately before its release, and 10% of the cost of repair shall be paid for a motor vehicle with more than one year but not more than two years after its release.

The direct claim against the insurer is that the insurer concurrently takes over the liability of the insured for damages against the victim, and the victim is the claim for damages that the insurer has against the insurer.

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