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(영문) 서울동부지방법원 2017.12.08 2016가단113987
보험에관한 소송
Text

1. Insurance money based on an insurance contract listed in attached Form 2, due to an accident described in attached Form 1 against the plaintiff against the defendant.

Reasons

1. Basic facts

A. The Plaintiff is an insurer who has concluded an insurance contract in attached Form 2 with respect to Bing MKS vehicles (hereinafter “Plaintiff-motor vehicle”).

B. On November 5, 2015, around 10:55, the driver of the Plaintiff’s vehicle driven the front road in Gangnam-gu Seoul, Gangnam-gu, Seoul, and collisioned with the E branchf freezing vehicle owned by the Defendant (hereinafter “Defendant”) as shown in attached Form 2.

(hereinafter “instant accident”). Accordingly, the Defendant’s vehicle was destroyed.

C. The fault ratio between the Plaintiff and the Defendant regarding the instant accident was agreed between the Plaintiff and the Defendant at 80:20.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2 (including additional numbers), Eul evidence 1, and the purport of the whole pleadings

2. The plaintiff's obligation to pay insurance proceeds;

A. According to the above recognition that the Plaintiff’s driver is liable to compensate the Defendant for 80% of the damages incurred by the Defendant (damage to the Defendant’s vehicle) due to the instant accident, and the Plaintiff, the insurer of the Plaintiff, is liable to pay the insurance money to the Defendant within the scope of the insurance money.

B. 1) Property damage: 3,430,00 won (i.e., 1,630,000 won + 1,800,000 won) below; 1,630,000 won (Evidence A) for the repair cost of the Defendant’s vehicle owned by the Plaintiff: 1,630,000 won (i.e., 450,000 won x 4.4 days; where the victim claims for damages or insurance money against the perpetrator or insurer for the same class of vehicle during the period of time on the ground that it was impossible to use the vehicle for a certain period necessary for the repair due to damage caused by an accident, the expenses for the lease of another vehicle in question must be required for the lease and lease of the vehicle in question, and if there is a dispute between the parties as to the necessity of the lease and lease and the amount of the loan cost.

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