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(영문) 서울남부지방법원 2019.09.26 2018나68689
구상금
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The parties' assertion

A. The Plaintiff’s assertion is an insurer who has entered into an automobile insurance contract with respect to the Plaintiff’s low-priced vehicle (hereinafter “Plaintiff’s vehicle”). The Defendant is an insurer who has entered into an automobile insurance contract with respect to D-to-purd vehicle (hereinafter “Defendant’s vehicle”).

Around 13:00 on September 10, 2017, the Plaintiff’s vehicle was parked in a parking zone installed on a road in Gwangjin-gu, Seoul Special Metropolitan City. While the Defendant’s vehicle was in an open position, the front door of the Plaintiff’s vehicle was damaged by shocking the front part of the Plaintiff’s vehicle (the main part and the hedge part) while the Defendant’s vehicle was moving back in the vicinity of the Plaintiff’s vehicle while the front door was opened.

On January 9, 2018, the Plaintiff paid KRW 645,380 at the repair cost of the Plaintiff’s vehicle.

Since the above accident is caused by the total negligence of the driver of the defendant vehicle, the defendant is obligated to pay the plaintiff the above 645,380 won and damages for delay calculated from January 10, 2018, which is the day following the plaintiff's payment date of insurance money, pursuant to Article 682 of the Commercial Act.

B. Around 13:00 on September 10, 2017, the Defendant alleged that the Defendant’s Defendant’s vehicle was protruding in the vicinity of the 88-32 road in Gwangjin-gu, Seoul Special Metropolitan City, which was parked in the front lower direction of the parking zone, was slightly shocked, but there was no fact that the Defendant opened the front direction, and there was no fact that the vehicle was being parked in the parking zone, and the damage of the low-speed vehicle was very insignificant to the extent of a fliver, which seems to be detailed.

The driver of the defendant vehicle notified the occurrence of the accident by making a phone contact with the above low-speed vehicle, and requested the accident site to go to the accident site. The driver of the defendant vehicle was given the answer that it is difficult to go to the accident site at a distance.

Since then, the driver of the defendant vehicle received the insurance accident to the defendant in order to request contact and insurance handling with contact contact information of the low P.M. vehicle.

However, after several months, the vehicle sent by the plaintiff is damaged.

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