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(영문) 서울중앙지방법원 2017.10.25 2017나28350
구상금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

[Claim]

Reasons

1. Basic facts

A. The Plaintiff is an insurer who has entered into a comprehensive automobile insurance contract with A (hereinafter “Plaintiff”) and the Defendant is a mutual aid business operator who has entered into a motor vehicle mutual aid contract with B (hereinafter “Defendant”).

B. Around 10:05 on July 22, 2016, the driver of the Plaintiff’s vehicle driven the Plaintiff’s vehicle and changed the vehicle line from the street to the three-lane from the street of Gwangju Dong-gu to the three-lane, the Defendant’s vehicle, who was parked on the three-lane, was driving the Plaintiff’s vehicle, and shocked the front side of the Plaintiff’s right side of the vehicle into the front side of the Defendant’s vehicle.

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

On July 27, 2016, a limited partnership company owner, the owner of the defendant vehicle (hereinafter referred to as “daily transport”) entered the plaintiff vehicle into the D Motor Vehicle Service located in Gwangju Mine-gu, and maintained the plate, seal, etc., and paid 977,400 won (excluding value-added tax) for the D Motor Vehicle Service.

On October 14, 2016, the Plaintiff repaired the Plaintiff’s vehicle, on the ground that the repair of the Plaintiff’s vehicle was conducted voluntarily without consultation with the Plaintiff’s owner, such as exchanging the parts of even door and the right side of the Plaintiff’s vehicle, and paying KRW 2,514,00 as the repair cost of the Plaintiff’s vehicle.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 7, Eul evidence 1 to 5, and the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff asserts that since the accident in this case occurred from the whole negligence of the defendant's driver who started immediately without confirming the surroundings, the defendant should pay 2,514,000 won to the plaintiff as the repair cost of the plaintiff's vehicle.

In regard to this, the defendant completed the repair of the plaintiff's vehicle, and the plaintiff's excessive repair and letter repair was performed without any shock trace on the wheelchairs of the plaintiff's vehicle, and the driver of the plaintiff's vehicle tried to make a unjustly bypass.

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