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(영문) 부산지방법원 2019.02.13 2018나53771
손해배상(기)
Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

2. The costs of appeal shall be borne by the Plaintiff.

purport, purport, and.

Reasons

1. Basic facts

A. The Plaintiff is the owner of DNA options car (hereinafter “Plaintiff”) and the Defendant C is the owner of the vehicle E i40 (hereinafter “Defendant vehicle”), and the Defendant B Co., Ltd. (hereinafter “B”) is the insurer who entered into a comprehensive automobile insurance contract with C with respect to the Defendant vehicle.

B. Around April 28, 2017, Defendant C was driving the Defendant vehicle and was driving in the vicinity of the Southern Highway in Busan in the direction of Gwangju, Defendant C did not discover that the Plaintiff’s vehicle driving ahead of the vehicle driving ahead of the vehicle driving in the direction of Busan in the direction of Busan, and received the Plaintiff’s vehicle following it, without finding out that the Plaintiff’s vehicle driving ahead of the vehicle driving along the vehicle driving along the vehicle driving along the vehicle.

(hereinafter “instant accident”). C.

Plaintiff

Vehicles were scrapped due to the accident in this case.

[Ground of recognition] Facts without dispute, Gap evidence 3, Eul evidence 4, Eul evidence 1, Eul evidence 1 and the purport of the whole pleadings

2. Summary of the parties' arguments

A. As the Plaintiff’s instant accident is scrapped, the Plaintiff suffered damages of KRW 3,50,000 equivalent to the exchange price of the Plaintiff’s vehicle (the purchase price of a used vehicle), KRW 7,300,000 (=365 days excluding the rental fee paid by Defendant B for the period from April 28, 2017 to May 8, 2018, which is the date of the instant accident 375 days, excluding the rental fee paid by Defendant B 10 days x 20,000 won x 20,000 won), ③ consolation money.

Therefore, Defendant C is the driver of the Defendant vehicle, and Defendant B is jointly and severally liable to pay the Plaintiff KRW 11,80,000 (=3,500,000 won) to the Plaintiff due to the damage of the Plaintiff’s vehicle caused by the instant accident, as the insurer of the Defendant vehicle.

B. With respect to the damage of the Plaintiff’s vehicle caused by the instant accident, the Defendant’s purchase cost of the used vehicle corresponding to the Plaintiff’s vehicle as repair cost can be recognized only to KRW 1.7 million, and ② the rent can be recognized only for 10 days from the date of the instant accident.

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