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(영문) 대전지방법원홍성지원 2016.08.10 2015가단5224
보험금
Text

1. The Plaintiff (Counterclaim Defendant) paid KRW 37,890,000 to the Defendant (Counterclaim Plaintiff) and its related amount from February 16, 2016 to August 10, 2016.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Occurrence of liability for damages;

A. In fact, the Plaintiff is an insurer who has concluded a comprehensive automobile insurance contract with respect to the U.S. environmental industry and B vehicles (hereinafter “Plaintiff vehicle”).

On November 10, 2014, around 10:0, while the part of the Plaintiff’s vehicle in the D workplace located in Nam-gu Incheon Metropolitan City, the part of the panel followed the Plaintiff’s vehicle and the Defendant’s timber scrapers located in the said workplace (hereinafter “instant scrapers”) was shocked with the part of the panel, which was located in the lower part of the Defendant’s wood scrapers located in the said workplace (hereinafter “instant scrapers”).

(hereinafter referred to as “instant accident”). [Ground of recognition] A without dispute, Gap 1, 3, and the purport of the entire pleadings

B. According to the above facts of recognition, the Plaintiff, as the insurer of the Plaintiff’s vehicle, is obligated to compensate the Defendant for the damages incurred by the instant accident.

2. Scope of liability for damages

A. Repair cost of the scrap of this case: 1 statement 4.89,00 won recognition and 4.89,000 won addition to the purport of the entire pleadings as a result of the appraisal, the fact that the accident of this case is destroyed by a powder-concepter of the scrap of this case, and the repair cost for the said damaged part can be acknowledged as facts constituting 4.89,00 won.

B. Loan and lending damage: 30 million won recognition 1) If the purport of the entire argument is added as a result of appraisal, it can be acknowledged that the adequate daily rent for the vehicle of this case is 2 million won. 2) The appraiser presented his opinion to the effect that “The repair period will take six days on the basis of the condition in which the parts for repair are prepared, as it is presumed that the steel materials are possessed by the manufacturer,” and that the degree of contribution to the accident of this case should exceed 50%, and eventually, the repair period due to the accident of this case should be three days.”

However, according to the testimony of the witness E (the manufacturing and repair personnel of the vehicle scraper of this case) and the fact-finding results on the mediation day of the corporation, the Co., Ltd. is examined.

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