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(영문) 춘천지방법원 강릉지원 2017.01.10 2015가단7516
손해배상(자)
Text

1. The Defendants: (a) KRW 3,557,117 for each Plaintiff; and (b) KRW 5% per annum from September 12, 2015 to January 10, 2017 for each Plaintiff.

Reasons

1. Occurrence of liability for damages;

A. The facts of recognition 1) Defendant K non-life insurance Co., Ltd. (hereinafter “Defendant insurance company”) concluded a comprehensive automobile insurance contract with Defendant B and C (hereinafter “victim”). Defendant B left the vehicle on September 11, 2015, around 19:00, Defendant B stopped the vehicle on the front of the 1st century of Gangseo-si 1, Gangseo-si, Seoul, but caused an accident (hereinafter “instant accident”).

[Grounds for recognition] The descriptions of evidence Nos. 1 and 2, and the purport of the whole pleadings

B. According to the above facts of recognition, since Defendant B, as the driver of a sea-going vehicle, was a parking place at the time of parking, there was an accident by shocking the damaged vehicle due to negligence without safety devices even though it had been installed, so the Defendant Insurance Company and Defendant B, the insurer of the sea-going vehicle, are liable to compensate the Plaintiff for the damages incurred by the Plaintiff due to the instant accident.

C. In full view of the purport of the Plaintiff’s evidence No. 2 and the entire argument, the location of the instant accident is not a parking spot on a two-lane road, and 200 meters in the area of the accident is a parking-prohibited place, and the Plaintiff parked a damaged vehicle at the place where the main driver is prohibited, and the Defendant’s liability for damages is limited to 70% in consideration of the Plaintiff’s negligence, etc.

2. Scope of damages.

A. The Plaintiff filed a claim for reimbursement of KRW 22,661,200, totaling KRW 9,636,310, and KRW 32,297,510,00 due to the instant accident.

B. According to the statement in Eul evidence No. 1, it is recognized that the reasonable repair cost due to the instant accident is 2,757,016.

(c) The business may be carried on by using a motor vehicle for a period necessary for the commercial replacement or repair of a motor vehicle destroyed by an accident;

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