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(영문) 부산지방법원 2017.08.17 2016가단311151
구상금
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 131,730 to the Plaintiff (Counterclaim Defendant) and the Plaintiff’s objection thereto from November 18, 2015 to August 17, 2017.

Reasons

1. Facts of recognition;

A. The Plaintiff is an insurer who entered into an automobile comprehensive insurance contract with A on the BEX car volume (hereinafter “Plaintiff”), and the Defendant is a juristic person who runs a gas station and mechanical car leasing business with the trade name of the gas station located in the ceiling-ro, Y-gu, Busan, Seocheon-gu, and the name of the gas station.

B. At around 16:20 on November 14, 2015, A: (a) the Plaintiff’s vehicle and the instant car were destroyed on the wind that the Plaintiff’s vehicle deviate from the consortium level, while riding the Plaintiff’s vehicle using a mechanical washing machine (a tunnel type; hereinafter “instant washing machine”) installed in the said gas station in line with the instruction of the employees of the said gas station.

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

On November 17, 2015, the Plaintiff paid KRW 439,100 to A with the repair cost of the Plaintiff’s vehicle for the instant accident, and the repair cost of the instant detailed vehicle for the instant accident is KRW 11,00,000.

(A) At the time of the accident that applied the service life of the notice given by the Government Procurement Service, the remaining value of the instant detailed period is KRW 8,154,00,00, and the Defendant purchased and installed the instant detailed period in KRW 260,000 on May 1996, and received parts from KRW 33,80,000 on April 30, 2012. [Grounds for recognition] / [In the absence of any dispute, evidence Nos. 1 through 6, evidence Nos. 19, and evidence Nos. 19, 20, and video (including a serial number; hereinafter the same shall apply) of the instant detailed period; the result of appraisal of repair costs to appraiser C; and the purport of the entire oral argument as a whole.

2. Occurrence and scope of liability for damages;

A. According to the evidence and evidence set forth in the evidence and evidence set forth in Nos. 1 to 3 as mentioned above prior to the occurrence of liability for damages, the instant detailed vehicle is operated in a way that the vehicle proceeds in front of the vehicle with the front wheels of the vehicle on the floor of the tunnel-type small buser, with the movement of Kentenbro Belgium, and the vehicle operates in a way that the vehicle is set as a three-way facility on the front side of the vehicle.

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