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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
1...
Reasons
1. The Plaintiff, along with B, operates a motor vehicle repair business entity with the trade name “D” in North-gu, Northern-si, Posi, and the Defendant is an insurer who concluded each motor vehicle insurance contract with respect to the EYF vehicle and FK7 vehicles (hereinafter “each of the instant vehicles”).
B. 1) The borrower G of the instant YFH (hereinafter “D”), when the said vehicle was destroyed due to a traffic accident that occurred on October 21, 2016, requested repair to the “D” operated by the Plaintiff. In that process, pursuant to Article 185 of the Insurance Business Act, the borrower of the instant FK7 vehicle delegated the Korea Automobile Damage Settlement Corporation with respect to the repair cost, etc. of the instant vehicle. (2) On September 30, 2016, when the said vehicle was damaged due to a traffic accident that occurred on September 30, 2016, the borrower H requested repair to the “D” operated by the Plaintiff. In that process, it delegated the Korea Automobile Damage Settlement Corporation with respect to the repair cost, etc. of the instant vehicle pursuant to Article 185 of the Insurance Business Act.
C. Korea Automobile Damage Settlement Co., Ltd. calculated the repair cost of each of the instant vehicles by applying KRW 28,300 per hour for the repair of each of the instant vehicles. The repair cost amounting to 20% of the G’s fault ratio of the borrower of the instant YF YF Baol vehicle is KRW 887,673, and the repair cost is KRW 3,775,000, equivalent to 80% of the cost ratio of H’s fault ratio of the instant FK 7 vehicle owner.
1) The borrower G of the instant YFH sought payment from the Defendant of KRW 687,600,000, after deducting KRW 200,000,000, out of the repair cost calculated according to the above damage adjustment. However, the Defendant refused to pay the remainder of the repair cost, on the ground that it is excessive to the part per hour applied under the above damage adjustment. (2) The borrower H of the instant FF 7 vehicle sought payment from the Defendant of KRW 3,475,00,00, after deducting KRW 300,00,000, out of the repair cost calculated according to the above damage adjustment.