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(영문) 수원지방법원 2016.04.08 2015가단114360
보험에관한 소송
Text

1. On December 2, 2014, traffic accidents occurred between A and B between A and B in the vicinity of the wife population at Chicago-si around 12:20.

Reasons

1. Facts of recognition;

A. The Plaintiff is an insurer who has entered into a comprehensive automobile insurance contract (hereinafter “instant insurance contract”) with respect to A vehicles (hereinafter “A vehicles”) and the Defendant is the owner of B vehicles (this-math 2.5 tons; hereinafter “victims”) whose use is registered for its own use.

B. At around 12:20 on December 2, 2014, the vehicles affected the central line and shocked the damaged vehicle near the 000 m3rdum of the wife population.

(hereinafter “instant accident”). C.

On December 2, 2014, the Defendant left the repair of the damaged vehicle to the Dowon Automobile Industry (ju), and the Dowon Automobile Industry (ju) completed the repair of the damaged vehicle on December 11, 2014.

Meanwhile, according to the terms and conditions of the insurance contract of this case, the criteria for the payment of substitute damages are as shown in the attached Table, and according to the relevant Acts and subordinate statutes, only the vehicle is not allowed to be leased.

[Grounds for Recognition: Facts without dispute, entry of Gap evidence Nos. 1-4 and 6, purport of the whole pleadings]

2. The parties' assertion

A. The Plaintiff’s assertion (i) According to the terms and conditions of the insurance contract of this case, the non-business automobile is subject to the lending fee, and there is no leased automobile in the case of cargo vehicle.

B. The lease fee of 2.5 tons of cargo vehicles according to the standard when there is no leased vehicle under the terms of the insurance contract of this case (=56,100 won x 30% x 9 days) is 151,470 won (i.e., the fixed fee of the relevant model used for business by the Korea Insurance Development Institute.

Article 22(1) of the Civil Act provides that the damages that the Plaintiff shall pay to the Defendant due to the instant accident shall not exceed KRW 151,470.

B. The Defendant’s assertion (i.e., the Defendant has manufactured containers and containers of agricultural products and supplied them to distributors, etc. using damaged vehicles.

D. However, the Defendant is unable to operate the damaged vehicle from December 2, 2014 to January 31, 2015.

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