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Reasons
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(영문) 대전지방법원 2019.03.20 2018나104151
보상금지급
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1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. On March 7, 2017, in front of the Seo-gu Daejeon Building, the insured vehicle owned by the Defendant was parked therein (hereinafter “instant accident”) caused an accident that shocks the back of the DKaman vehicle owned by the Plaintiff (hereinafter “instant vehicle”).

B. The Defendant, as an insurer, paid KRW 561,00 at the repair cost of the instant vehicle.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence Nos. 1 through 3 (including branch numbers for those with serial numbers) and the purport of the whole pleadings

2. In addition to the above repair cost of KRW 561,00, the Plaintiff asserted that the Plaintiff sustained damages from the Defendant, who is the insurer of the vehicle, due to the instant accident, for audio equipment installed on the instant vehicle, including KRW 4,400,00, and KRW 3,440,000 during the repair period. As such, the Plaintiff claimed compensation for the said damages to the Defendant, who is the insurer of the vehicle.

3. Determination

A. In full view of all the following circumstances that can be acknowledged by the evidence and the purport of the entire pleadings as seen earlier prior to whether a proximate causal relationship is recognized, it is difficult to view that a proximate causal relationship is acknowledged between the instant accident and audio equipment failure.

1) The instant accident appears to be a minor contact accident that conflicted with the rear of the instant vehicle while the instant vehicle was parked behind the instant vehicle that had been parked at a low speed in order to drive a line parking (rash parking). 2) The instant accident caused the instant vehicle to be damaged to the extent that the lower wheel gateer and fences are blicked, etc. on the left side of the instant vehicle, so it is possible to repair the instant accident solely on the part of the printing and painting, and the repair cost is only 561,00 won.

In light of this, it is deemed that the intensity of shock caused by the instant accident was relatively unhued.

3. E Co., Ltd. and audio equipment installed in the instant vehicle is fixed to a track using wood and is separated.

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