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The defendant's appeal is dismissed.
Expenses for appeal (including expenses incurred by participation in assistance) shall be borne by the defendant.
claim. The purport of the claim.
Reasons
1. Basic facts
A. With respect to D vehicles between the Plaintiff’s Intervenor and the Plaintiff’s Intervenor (hereinafter “Plaintiff’s vehicle”), the Defendant is an insurer who entered into an automobile insurance contract for E dump trucks (hereinafter “Defendant”) respectively.
B. On November 20, 2019, around 11:45, the Plaintiff’s vehicle driven along the two-lanes of the national highways located in the Dogri-ri National Highway, which was driven along the two-lanes of the national highways located in the front bank, and there was an accident involving the lower part of the Defendant’s vehicle loaded along the two-lanes of the national highways located in the front bank, and the accident involving the front one, the front one, the front glass, etc. was damaged (hereinafter “the instant accident”).
On January 28, 2020, the Plaintiff paid KRW 6,247,00 as insurance money after deducting KRW 200,000 from the repair cost of the Plaintiff’s vehicle due to the instant accident.
[Ground of recognition] Unsatisfy, entry and video of Gap evidence Nos. 1 through 5, the purport of the whole pleadings
2. Determination
A. According to the above facts, since the accident in this case occurred due to the total negligence of the driver of the defendant vehicle who violated the duty to manage the goods loaded before the driving of the accident in this case from falling on the road, stones away from the loading of the defendant vehicle on the front glass of the plaintiff vehicle, etc., the defendant is obligated to pay damages for delay calculated by the rate of 12% per annum under the Civil Act from January 29, 2020 to February 13, 2020, the delivery of the copy of the complaint in this case, from the next day to the day of full payment, pursuant to Article 682(1) of the Commercial Act, to the plaintiff's indemnity amounting to 6,247,000 won and its insurance money, and from the next day to the day of full payment.
B. As to this, the Defendant calculated the repair cost of the Plaintiff’s vehicle excessively by including the repair cost for the part not related to the instant accident.
One of the arguments, Eul's evidence Nos. 1 and 2 is not sufficient to acknowledge the above argument, and there is no other evidence to acknowledge it.
Rather, it is true.