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(영문) 광주지방법원 2017.09.01 2016나1492
손해배상(자)
Text

1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

Reasons

1. Basic facts

A. On June 30, 2015, the Plaintiff entered into a lease agreement setting the value of the Plaintiff’s vehicle as KRW 71,300,000 with respect to Benz E300 (hereinafter “Plaintiff”) and registered the said vehicle in the name of the Korea Social Services Korea Co., Ltd. on the same day.

B. On June 30, 2015, the Plaintiff’s representative C was driving the Plaintiff’s vehicle on delivery, and was waiting for the signal by stopping it at the intersection in the vicinity of the intersection located in the Song-dong, Seo-gu, Seo-gu, Gwangju. However, D driving the E-ro vehicle (hereinafter “Defendant vehicle”) and driving the said intersection on the front side of the Plaintiff’s vehicle, and neglecting the said intersection at the front side of the Plaintiff’s vehicle, leading the part of the back part of the Plaintiff’s vehicle to the front part of the Defendant’s vehicle.

(hereinafter referred to as “the instant accident”). C.

The defendant is an insurer who has entered into an automobile insurance contract with respect to the defendant vehicle.

As a result of the instant accident, the repair cost of KRW 9,397,289 was damaged by the Lane Panel and Tridge, etc. for the replacement thereof, and the Defendant paid the said repair cost to the Plaintiff.

E. On July 2015, the Plaintiff acquired the right to claim damages due to the decline in the price of the Plaintiff’s vehicle caused by the instant accident from the Korea Social Services Korea Co., Ltd., which is the owner of the Plaintiff’s vehicle, and notified the Defendant of the assignment of the claim upon delegation of the right to notify the assignment of claim from the said company, and issued the notification to the Defendant at that time.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 5, Eul evidence No. 1, the purport of the whole pleadings

2. The parties' assertion and judgment

A. At the time of the Plaintiff’s assertion by the parties, the purchase price of the vehicle was KRW 71,30,000 at the time of the instant accident, but the price decreased by KRW 48,833,333 due to the instant accident, and thus, the Defendant paid KRW 20,00,000 out of the price decline amounting to KRW 22,46,667 to the Plaintiff, the transferee, as the Plaintiff.

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