beta
Text
1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.
Reasons
1. Facts of recognition;
A. The Plaintiff is a non-profit corporation established for the purpose of common welfare, friendship, etc. among its members with a license for private taxi transportation business in Seoul Special Metropolitan City, and is engaged in the business of compensating for the damage to a vehicle or body caused by an accident during the possession, use, or management of the vehicle.
A is the owner of a private taxi (hereinafter referred to as "Plaintiff-vehicle") who is a member of the Plaintiff's commercial conference.
The Defendant is an insurer who has concluded a comprehensive automobile insurance contract with respect to vehicles C (hereinafter referred to as “Defendant vehicle”).
B. Around 11:40 on November 16, 2016, the Defendant’s vehicle, which caused the accident, continued to change the direction of the E station, along the three-lanes of the five-lanes in the direction of large-distance prevention from the shooting distance bank, along the direction of large-distance prevention, the two-lanes in front of the left side of the Plaintiff’s vehicle, which was running the five-lanes of the Mad Road, with the rear wheels part of the front right side of the Defendant’s vehicle.
(hereinafter “instant accident”). The instant accident occurred that the Plaintiff’s vehicle was returned to the right-hand side of the road boundary.
C. On January 13, 2017, the Plaintiff paid KRW 5,942,00 out of the repair cost of KRW 8,392,00 to an industrial company that repaired the Plaintiff’s vehicle destroyed by the instant accident (hereinafter “instant repair cost”), and KRW 2,450,000 of the remainder repair cost was paid by A.
1) On December 15, 2017, A filed a lawsuit against the Defendant seeking payment of KRW 2,450,000, which was borne by A, out of the repair cost of the Plaintiff’s vehicle due to the instant accident, with the Seoul Southern District Court (2017 Ghana43068). On December 15, 2017, the said court decided to recommend settlement with the Defendant to pay KRW 1,960,00 (the Defendant’s vehicle’s fault rate of KRW 80,000) to A, and the said decision to recommend settlement became final and conclusive as is.