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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The Plaintiff’s assertion: (1) The Plaintiff is the owner of a freight truck that operates a transportation business, and B is the owner of the land; and (2) the Defendant is the insurer who entered into an automobile insurance contract for a small-sized passenger vehicle D with the network C.
② On December 22, 2012, the network C was under the influence of alcohol 0.129% while driving a D small passenger vehicle, and was parked on the side on the side with a water-based industrial road located in Ansan-gu, Ansan-si.
③ As an insurer, the Defendant is obligated to pay the Plaintiff, the owner of a freight truck, KRW 17,891,481, KRW 6,780,00, KRW 10,000, KRW 34,671,481, and delay damages incurred due to vehicle depreciation.
Defendant: (1) The Plaintiff’s damage claim for tort was completed by short-term extinctive prescription.
② By March 22, 2013, the Defendant paid damages to the repair cost, the business damage compensation claim, and the Defendant paid damages to the B and the repair industry company. A final and conclusive decision of recommending settlement that “B renounces the claim” in the instant case of damages (i.e., Seoul Central District Court Decision 2016Da7976, Sept. 2, 2013) brought against the Defendant (hereinafter “former District Court Decision 2015Da6887976, Apr. 2, 201).
2. The plaintiff's claim for damages from the date of the occurrence of a traffic accident is extinguished by prescription if it is not exercised within three years from the date when the victim or his legal representative becomes aware of the damage and of the identity of the tortfeasor pursuant to Article 766 (1) of the Civil Code. The damage in this case is known of the occurrence of the damage, and the degree or amount of the damage should not be clearly known. Thus, in ordinary cases, the damage should have been known when the tort was committed.
Since it is apparent in the record that it was filed on July 25, 2017, which was 3 years ago, it would result in the instant traffic accident by the Plaintiff.