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(영문) 수원지방법원 2016.06.09 2015나19688
손해배상(기)
Text

1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to be paid in addition to the following shall be revoked.

Reasons

1. Occurrence of liability for damages;

A. The following facts do not conflict between the parties, or each of them can be acknowledged upon considering Gap evidence Nos. 1 through 8, 12, 14 through 18, and 21 and the court of first instance's fact inquiry results with respect to the same fire and marine insurance company of the court of first instance.

1) On June 18, 2013, the Plaintiff entered into a vehicle lease agreement and an insurance contract for self-vehicle damage (A) with the Defendant, and the Plaintiff entered into a vehicle lease agreement with the Defendant on June 18, 2013 (hereinafter “instant lease agreement”) with the terms that the Plaintiff agreed to lease BK9 automobiles (hereinafter “instant vehicle”) to the Defendant from June 18, 2013 to 19:00 on the same day.

B) Article 16 of the standard terms and conditions for automobile rental attached to the instant lease agreement provides that "where a company or a third party has inflicted damage on the company or a third party due to a reason attributable to the customer's liability, Article 18 of the same terms and conditions shall be liable to compensate for such damage." Article 18 of the same Act provides that where an accident occurs due to a reason attributable to the customer's liability due to an automobile insurance under automobile insurance entered into by the company, the insurer shall separately pay his/her own share to the insurance company. (C) On the other hand, the Plaintiff is between Dongbu Fire Insurance Co., Ltd. (hereinafter "Dongbu Fire") and the Dongbu Fire Insurance Co., Ltd. (hereinafter "Dongbu Fire"), the insurance period for the instant vehicle from June 2, 2013 to April 30, 2014, the scope of compensation shall be determined as large liability compensation, large liability compensation, self-physical accident, and self-motor vehicle damage, each of the Plaintiff has entered into an insurance contract with the same automobile owner's maximum amount of damages from KRW 400 to KRW 5000,0000.

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