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(영문) 수원지방법원 2015.11.13 2015가단7936
손해배상(자)
Text

1. On August 18, 2014, B vehicles are located near the parking lot near the bank located in the new salary-dong of the Suwon-si, Suwon-si.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. The Plaintiff is an insurer who entered into a comprehensive motor vehicle insurance contract with respect to the two vehicles (hereinafter referred to as “Korean vehicle”), and the Defendant is the owner of C vehicle (hereinafter referred to as “victim”).

B. Around August 18, 2014, the damaged vehicle was parked in the parking lot near the new salary-dong in the Suwon-si, Suwon-si around 21:00.

(hereinafter “instant accident”).

C. The Defendant is in a state of not repairing the damaged vehicle until now.

Meanwhile, from August 19, 2014 to September 12, 2014, the day following the date of the instant accident, the Defendant: (a) 7,560,000 won (i.e., KRW 450,000 x 24 days x 70% x 30% of the discount rate on the basis of the K Tho Tho Tho rental car).

[Grounds for Recognition: Facts without dispute, Gap evidence 1-7, Eul evidence 1-2 (including branch numbers, if any) and the purport of the whole pleadings]

2. The parties' assertion

A. The repair cost that the Plaintiff may recognize for the damaged vehicle is KRW 918,000 based on the restoration and repair.

B. The loan and loan costs that the Plaintiff may recognize in relation to the instant accident are KRW 510,00 (=170,000 applied at a discount rate of 30% for the KT Geum Tactcar base x 3 days), which falls under the ordinary repair period of 3 days.

Referencely, the Plaintiff’s obligation to pay repair and lending costs to the Defendant does not exceed KRW 1,428,00 (= KRW 918,000).

B. As to the Defendant’s assertion (i.e., the required repair cost for the damaged vehicle is KRW 8,303,500 based on the replacement repair.

Sheet accident of this case resulted in KRW 7,560,000 of loan expense.

Article 22(1) of the Civil Act provides that the Plaintiff shall pay to the Defendant the sum of the repair cost and the loan cost of KRW 15,863,50 (=8,303,500).

3. Determination

A. According to the above fact of recognition of the liability for damages.

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