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(영문) 서울남부지방법원 2019.08.29 2018나67150
구상금
Text

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

Reasons

1. Facts of recognition;

A. With respect to the Plaintiff’s C Vehicle (hereinafter “Plaintiff’s Vehicle”), the Defendant is an insurer who has concluded each automobile insurance contract with respect to D Vehicle (hereinafter “Defendant’s Vehicle”).

B. On September 6, 2017, around 06:38, a house near the F cafeteria located in Kimhae-si, the part of the driver’s seat of the Plaintiff’s vehicle where the latter Defendant was parked, and the part covering the string among the fences connected thereto.

In addition, there was an accident that may be somewhat contacted such as “damage photograph”.

C. On October 24, 2017, the Plaintiff, the insurer of the Plaintiff’s vehicle, paid KRW 597,390 (the amount obtained by deducting KRW 200,000 from its own charges) in the name of the repair cost of the Plaintiff’s vehicle due to the above contact accident.

Of them, the repair costs for the part of the Plaintiff’s driver’s seat and the fences connected thereto are 400,358 won [=152,190 won (=75,600 won) in front of 152,190 won (=75,600 won) in front of 15,550 won in front of 76,850 won in front of 38,550 won in front of 38,550 won in common hour work (38,300 won, 38,550 won), 56,50 won in front of 56,540 won in front of 15,60 won in front of 78,550 won in front of 38,550 won in front of 38,300 won in common, 56,540 won in heating, 17,278 won in front of 17,278 won in front of 4) in a written request for repair.

The remainder of the repair cost is the cost required for repairing the front driver, lamps, etc.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 5, 7 through 13, Eul evidence 1 to 4 (including paper numbers) and the purport of the whole pleadings

2. Determination

A. According to the above fact of recognition of the liability for damages, the defendant's negligence is recognized, even though he had a duty of care to prevent a collision with other vehicles while driving the vehicle behind the above side road, and therefore, the defendant shall compensate for the damages incurred to the plaintiff's vehicle due to the above contact accident caused by his negligence.

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