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(영문) 대전지방법원 2017.11.10 2016가단217854
손해배상(자)
Text

1. The plaintiff against the defendant due to an accident described in No. 2 of the same list based on the insurance contract as shown in the attached list No. 1.

Reasons

1. Basic facts

A. The Plaintiff is an insurer who entered into an insurance contract listed in the separate sheet No. 1 (hereinafter “the instant insurance contract”) with respect to C Vehicle (hereinafter “Plaintiff”) between B and the Defendant is the owner of the mixed VFR 1200 F D Lee (hereinafter “Defendant Lee In-wheeled Vehicle”).

B. On May 30, 2016, while driving the Plaintiff’s vehicle on May 30, 2016, and trying to go to the parking lot entrance through the passage from the front underground parking lot of the 104-dong, Seo-gu, Daejeon, Daejeon, there was an accident that caused the Defendant’s wheel to turn to the left again after moving the Defendant’s wheel from the vehicle, which was parked on the right side of the passage to the front side of the Defendant’s seat, with the security guards getting off from the vehicle, and then making a left turn again after moving the Defendant’s wheel to the right side, and the Defendant’s wheel was shocked by the front part of the Plaintiff’s vehicle.

(Attachment 2) An accident referred to in attached Table 2, hereinafter the instant accident); 2. The ground for the Plaintiff’s claim

A. Examining CCTVs taken at the time of the instant accident, the instant accident was to the extent that the Plaintiff’s vehicle contacted the Defendant’s two-wheeled vehicle, so it was insignificant while the Plaintiff’s vehicle was absent from the entrance of the parking lot.

Among the repair cost claimed by the Defendant, the part without causation with the instant accident is included.

The place where the plaintiff's vehicle can come to the left and be contacted with the driver's part at the top of the left is only one space of the defendant's two-wheeled vehicle, and this part of the color repair cost is about 300,000 won.

The rent of 71,500 won per day for the repair period of 71,500 won per day, which is the amount of 35% discount of the 110,000 won per day of the 110,000 lived vehicle with the hiver vehicle similar to the hiver vehicle of this case.

In addition, 30% of the negligence that the defendant has illegally parked in a place other than the normal parking location for his own two-wheeled vehicle should be offset.

However, the defendant claimed damages of several million won, which led to the lawsuit of this case.

B. In a lawsuit seeking confirmation of existence of a pecuniary obligation, the Plaintiff, the obligor, is the Plaintiff.

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