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1. On March 5, 2013, an accident occurred during the operation of B vehicles on the roads near the Yangdong-si, Chungcheongnam-si, Seoul Special Metropolitan City on March 5, 2013.
Reasons
1. Basic facts
A. The Plaintiff is an insurer who has entered into a comprehensive automobile insurance contract with the Defendant regarding the automobile B (Defendant vehicle).
B. On March 5, 2013, around 10:20 on March 5, 2013, the Defendant: (a) was unable to timely operate the brake while operating the Defendant’s vehicle on the road near the Singu Office of Chungcheongnam-si; (b) caused a traffic accident that conceals the front part of the Defendant’s D vehicle into the front part.
(The accident of this case).
In the instant accident, the front part of the Defendant’s vehicle is destroyed, and the road string (cateral parts between the string of vehicles and the driver’s seat) is damaged.
The Defendant entrusted the repair of the Defendant’s vehicle to a seal-based automobile industry company (hereinafter referred to as “human-based industry company”), paid the automobile repair expenses directly to the seal-based industry company, and filed a claim with the Plaintiff for the insurance proceeds for the automobile repair expenses.
[Ground of recognition] Facts without dispute, evidence A1 to 5, purport of whole pleadings
2. The assertion and judgment
A. The summary of the plaintiff's assertion 1) If the amount of the ordinary insurance money (repair cost) to be paid by the plaintiff to the defendant is calculated by 24,700 won per hour for the repair of the defendant's vehicle under a contract between the plaintiff and the seal industry company, excluding errors within the work scope recognized by the appraiser, the amount of the ordinary insurance money (repair cost) to be paid by the plaintiff to the defendant shall not be over 1,239,885 won (=78.24 hours for all repair work x 24,700 won x 24,700 won x 50% (28,000 won) x 60,000 won (the amount of the insurance money to be paid by the plaintiff to the defendant among the repair cost estimates) (the amount of the insurance money to be paid to the defendant 20,000 won, 16,916 won (30% of material cost) 286,701, 200, 370500 won, 2700.20.7.20