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(영문) 인천지방법원 2020.02.18 2019나55227
손해배상(기)
Text

1. The part against the defendant among the judgment of the court of first instance is revoked, and the plaintiff's claim corresponding to the revoked part is revoked.

Reasons

1. Facts of recognition;

A. The Plaintiff is a person who drives a vehicle CA8 (hereinafter “instant vehicle”), and the Defendant is a person who operates a fishing place with the trade name “E” in Incheon Reinforcement D.

B. On January 27, 2017, the Plaintiff reported an insurance accident to F Co., Ltd. (hereinafter “F”) with the effect that “the instant vehicle was damaged by trees supporting a tent away from wind” at the above fishing place parking lot.

C. The insured for the instant vehicle is G Co., Ltd. (hereinafter “G”), and the owner is indicated as “G,” “the relationship between the Plaintiff and the insured, who is a driver,” at the place of the instant accident receipt. D.

The instant vehicle was entered into a maintenance plant operated by G on February 8, 2017, and the repair cost, etc. was treated as “self-insurance” in F as the Defendant’s failure to reach an agreement with respect to the repair cost, etc.

E. On February 25, 2017, H, a parts company, claimed KRW 1,534,060 as part expenses, and KRW 10,472,660 as part expenses, G, a maintenance company, claimed KRW 10,472,660 as part expenses on March 28, 2017.

F. F calculated the above repair costs of KRW 1,255,00, value-added tax amount of KRW 125,00,000, public rental cost of KRW 5,898,280, and 280, respectively, and paid KRW 7,078,00, which deducts the above amount from KRW 200,000, and the remaining water deduction amount of KRW 280,00 (= KRW 1,255,000, KRW 125,898,280 - 20,000).

G. Meanwhile, the written claim for the insurance repair cost submitted by the Plaintiff to F is written as the date of the accident on December 30, 2016.

[Ground of recognition] Facts without dispute, entry of Gap evidence 2, 3, and 9, the purport of the whole pleadings

2. Summary of the parties’ assertion

A. The Plaintiff asserted that the instant vehicle owned by the Defendant was parked in the above fishing place parking lot operated by the Defendant, and used the fishing place during which the Defendant installed to publicize the fishing place. One end of the banner set up by the Defendant is wind.

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