logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 전주지방법원 2019.12.13 2018나11605
구상금
Text

1. Of the judgment of the court of first instance, the part against the plaintiff ordering payment is revoked.

The Defendants are jointly and severally.

Reasons

1. Facts of recognition;

A. On March 13, 2016, Defendant B: (a) driven a halog car (hereinafter “instant automobile”); (b) requested the Plaintiff, who runs the instant automobile maintenance business under the name of “E” due to the occurrence of the instant automobile damaged; and (c) on March 14, 2016, the Plaintiff requested the repair of the instant automobile.

Defendant C Co., Ltd. (hereinafter “Defendant Co., Ltd”) is an insurer of the comprehensive motor vehicle insurance to which the instant motor vehicle was subscribed.

B. On May 4, 2016, the Plaintiff completed the repair of the instant vehicle and delivered the instant vehicle to Defendant B.

Defendant B received re-repairs from the Plaintiff even after receiving the instant vehicle from the Plaintiff.

The Plaintiff accepted the instant automobile with the same details as indicated in attached Table 1, and claimed KRW 10,559,945 as the repair price (hereinafter “instant payment”). The Defendant Company agreed to pay the instant payment to the Plaintiff, and paid KRW 5,500,000 to the Plaintiff on April 18, 2016 before completing the repair of the instant automobile.

C. In November 2016, Defendant B again requested G operating the automobile maintenance business to repair the instant vehicle under the trade name “F” as a policeman.

G accepted the instant vehicle as indicated in attached Table 2, and claimed KRW 11,317,760 as the repair price. The Defendant Company deducted KRW 5,500,000 from the amount of self-vehicle damage of the instant vehicle from KRW 16,910,00,000, and KRW 500,000 from the amount of self-vehicle damage of the instant vehicle, and paid KRW 10,817,760 to the Defendant B on December 9, 2016.

Defendant B paid the above repair cost to G.

The Plaintiff recovered from F used parts used by the Plaintiff in repairing the instant vehicle. D.

The defendant company sought the return of unjust enrichment against the plaintiff for the return of advance payment.

arrow