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(영문) 서울중앙지방법원 2016.05.19 2015나43492
손해배상(자)
Text

1.The judgment of the first instance shall be modified as follows:

On October 8, 2014, around 20:41, the Seocho-gu Seoul Metropolitan Government New Distribution Station.

Reasons

1. Facts of recognition;

A. The Plaintiff is an insurer who has entered into an automobile comprehensive insurance contract with respect to A vehicles (hereinafter “Plaintiffs”).

B. Around October 8, 2014, around 20:41, D neglected to exercise a duty of care for driving on the roads near the new distribution base in Seocho-gu Seoul Metropolitan Government, Seocho-gu, Seoul, and led D to the left-hand part of the B ASEAN Ro8 Automobile (hereinafter “victimd Vehicle”) owned by C, which is the preceding vehicle.

(hereinafter “instant accident”). C.

C On October 9, 2014, the Seocho-gu Seoul Seocho-gu requested repair to exchange the back part of the damaged vehicle, and the total of 16 days was required until the repair and release of the damaged vehicle including the 11th day of the part procurement period.

C for two days from October 9, 2014 to November 11, 2014, for which the repair of damaged vehicles was entrusted, C leased and operated a car from the Defendant for 14 days from 11th to 25th of the same month.

E. Meanwhile, according to the Plaintiff’s standard for the payment of substitute compensation for the attached Table 2 of the Plaintiff’s common motor vehicle insurance clause, “loan charge shall be paid until the repair is completed within 30 days if it is necessary to use a non-business motor vehicle instead of other motor vehicles during the period when the non-business motor vehicle is damaged or damaged, and the ordinary charge required for leasing the same kind of motor vehicle is paid within the limit of 30 days.” In the rental service contract concluded by the Plaintiff and the Defendant, the Plaintiff and the Defendant applied 70% of the rental car rate in the KT Twren rental car rate, and the Defendant claims the Plaintiff for the rent of the same type of motor vehicle below the same type of vehicle and the limit of the recognition period at the time of the repair is 30 days. However, the KTF rental car rate table does not state the car rental fee of the same kind of vehicle as the damaged vehicle, and the highest rental fee of the imported vehicle is for S500 male vehicle with respect to the imported vehicle.

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