logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2019.02.19 2018나62973
손해배상(자)
Text

1. Of the judgment of the court of first instance, KRW 6,890,000 against the defendant among the judgment of the court of first instance and the defendant as to this, from August 3, 2017 to February 19, 2019.

Reasons

1. Basic facts

A. The plaintiff is a co-owner (the owner of 1% shares) of the C-Vehicle (hereinafter "the instant vehicle") and is a co-owner (the owner of 99% shares) from D to the above vehicle.

A person to whom D’s damage claim arising from an accident described in the port was acquired (D was notified of the transfer of each claim to the Defendant on March 10, 2017 or March 10, 2018, and each of the above notification was delivered to the Defendant around that time). The Defendant is an insurance company that entered into an insurance contract with F, the owner of E Vehicle (hereinafter “Sea”).

B. On May 22, 2017, F: (a) driving a sea vehicle in the vicinity of the Cheongju-si, Cheongju-si, which is located on the Cheongju-si; and (b) resulting in an accident leading the instant vehicle to the said vehicle (hereinafter “instant accident”).

C. From May 23, 2017 to November 9, 2017, the Defendant paid to the Plaintiff a total of KRW 30,139,000 as damages on behalf of the Plaintiff on behalf of the owner of the Literacy Vehicle (=25,245,00 won for the freight of KRW 550,00 for the freight of the instant vehicle).

[Ground of recognition] Facts without dispute, Gap's entries in Gap's Evidence No. 1, 2, 4, 8, 9, 10, 12, 13, 14, 15, Eul's Evidence No. 5, and the purport of the whole pleadings

2. The Plaintiff’s assertion that the instant vehicle was damaged to the extent that the plate or acceptance was needed on the main parts of the instant vehicle, such as the filterer, the quota panel, etc., due to the instant accident, and accordingly, the Plaintiff suffered a fall in the value decline (high and high market price) due to the repair cost paid by the Defendant.

Therefore, the Defendant is obligated to pay the Plaintiff KRW 10,900,000 (=10,570,000 won for issuing an assessment statement of the value decline loss (330,000 won for the issuance of the assessment statement of the value decline loss) and the delay damages therefrom, to the Plaintiff, who is the insurer of the instant vehicle as the owner of the share in the instant vehicle or the other owner of the share in the instant vehicle, as the insurer of the instant vehicle.

3. The defendant's defense prior to the merits.

arrow