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(영문) 서울중앙지방법원 2020.06.24 2019나63722
구상금
Text

1. Of the judgment of the court of first instance, 12,585,00 won against the defendant and 5% per annum from July 19, 2018 to June 24, 2020.

Reasons

1. Facts of recognition;

A. The Plaintiff is an insurer who entered into an automobile comprehensive insurance contract with C and D NAS30 vehicles (hereinafter “Plaintiff vehicle”).

The defendant is an insurer who has concluded a liability insurance contract with E Co., Ltd. operating a maintenance shop (hereinafter referred to as “E”).

B. On July 1, 2018 (hereinafter collectively referred to as “the same day”), the Plaintiff’s negligence, which driven the Plaintiff’s vehicle in the F Hospital parking lot located in the city of 10:45cheon-si, conflict with the steel pole.

As a result, the plaintiff's driver's seat was damaged by the front part of the driver's seat, the pent, etc.

C. After receiving an accident from C, the Plaintiff sent G to the scene of the accident, and sent the Plaintiff’s vehicle to the scene of the accident, via the towing engineer H around 12:10.

At the time, there was a large amount of rain, but E did not take any measure on the Plaintiff’s vehicle.

However, from 14:13 to 14:13, a delay occurred in the vicinity of the driver's seat of the Plaintiff vehicle.

At around 14:39, J, which was in the vicinity of the Plaintiff vehicle engine room, discovered a large quantity of flames emitted from the Plaintiff vehicle engine room and reported to 119, and the fire was completely extinguishing at around 15:10 by the fire fighter dispatched.

E. According to the fire site investigation report, it is presumed that the engine studio was destroyed by a ice and sprink on the damaged ship in the course of the infiltration of rainwater into the towed vehicle due to the collision accident and the engine studio was burned down to the rear side.

F. On July 18, 2018, the Plaintiff paid KRW 25,870,000, which is equivalent to the value of the Plaintiff’s vehicle (including accessories) calculated on the basis of the Motor Vehicle Standard Value Table for Automobile Insurance to C on July 18, 2018 due to the instant fire.

Meanwhile, the Plaintiff recovered KRW 700,000 as the return of remaining goods from the Plaintiff’s vehicle.

[Ground of Recognition] Unsatisfy, Gap evidence 1 to 9 (including each number), or images;

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