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(영문) 인천지방법원 2018.12.13 2017나64135
손해배상(자)
Text

1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the subsequent order of payment shall be revoked.

Reasons

1. Basic facts

A. The Plaintiff is an insurer who runs the real estate brokerage business under the trade name of “C Licensed Real Estate Agent Office” in Kimpo-si, and the Defendant is an insurer who entered into an automobile insurance contract with DEX car (hereinafter “instant vehicle”).

B. Around 09:00 on December 23, 2016, the instant vehicle driven by E was negligent in the driver’s negligence and resulting in an accident of drilling and entering the wall.

(hereinafter “instant accident”). C.

Due to the instant accident, the Plaintiff sustained injuries, such as salt, tension, etc., of the Gyeong River, and suffered damages from the Plaintiff’s office walls and office fixtures.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 4, Gap evidence No. 3 (including paper numbers), the purport of the whole pleadings

2. In the first instance trial, the Plaintiff asserted that the Plaintiff suffered business losses and mental suffering due to the instant accident, and sought compensation of KRW 117,320,400 for business losses and KRW 10,000 for consolation money. In the first instance trial, when the instant claim was entirely dismissed, the Plaintiff appealed only to the extent of KRW 30,000,100 among the claim for compensation for business losses.

Therefore, this Court's judgment is limited to the scope of 30,000,100 won out of the claim for damages against business losses.

3. Determination on the defense prior to the merits

A. On January 24, 2017, the Defendant asserted that since the Plaintiff was paid KRW 1,499,00 as a legal amount of damages from the Defendant, and agreed not to raise any objection with respect to the instant accident after the vehicle, the instant lawsuit should be dismissed as it is unlawful in violation of the Special Agreement on the Sanctions.

B. According to the statement in Eul evidence No. 1, the plaintiff suffered loss of the plaintiff due to the automobile accident caused by D vehicle from around 09:05 at December 23, 2016 at Kimpo-si on January 24, 2017, the plaintiff is the perpetrator or the plaintiff.

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