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(영문) 서울중앙지방법원 2017.02.02 2015가단5292366
손해배상(기)
Text

1. Defendant B’s KRW 24,250,00 and the Plaintiff’s annual rate of KRW 5% from January 27, 2015 to February 2, 2017, as well as the following.

Reasons

1. Basic facts

A. On January 2013, Defendant B entered into an operating lease agreement with BMW320D vehicles (hereinafter “instant vehicle”) under the name of IMM case Co., Ltd. (hereinafter “SM case”), and paid rent, Defendant B operated the said vehicle, while receiving KRW 24.8 million from the Plaintiff on June 2014, and delivered the said vehicle to the Plaintiff and succeeded to the said operating lease agreement.

B. At the time of the Plaintiff’s acquisition of the instant vehicle, a video recording device manufactured by Defendant U.S. U.S. (hereinafter “Defendant U.S.”) was installed on the instant vehicle.

(hereinafter) The above image recording device installed on the instant vehicle (hereinafter referred to as “the instant black box”). The black boxes manufactured and sold by Defendant U.S. dealers are installed on the instant vehicle in such a way that the main body is attached to front glass and the main body is connected to the vehicle exhauster by electric power lines. The instant vehicle model was not sufficient to connect the main body of the instant black box only by a power source line, which is provided as the accessories of the black box in the upper ridge line.

Therefore, the black box of this case was installed in a way that the upper part of the extended electric power line is connected to the art ridge of the vehicle, because a separate electric power source line is extended on the original electric power line.

C. Defendant Samsung Fire and Marine Insurance Co., Ltd. (hereinafter “Defendant Samsung Fire”) determined the Plaintiff’s name as to the instant vehicle and the period from June 13, 2014 to June 13, 2015, respectively, as to the instant vehicle, and concluded a comprehensive automobile insurance contract, including self-vehicle damage security (hereinafter “instant insurance contract”).

The above insurance contract included a special agreement for family drivers, but the above special agreement included a company in this special agreement.

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