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(영문) 서울중앙지방법원 2014.12.24 2014나49233
구상금
Text

1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to be paid next shall be revoked.

The defendant.

Reasons

1. Facts of recognition;

A. The Plaintiff is an insurer who has entered into an automobile insurance contract with AMW car (hereinafter “Plaintiff”), and the Defendant is an insurer who has entered into an automobile insurance contract with B EF car (hereinafter “Defendant vehicle”).

B. On December 7, 2013, at around 19:11, 201, C parked the Plaintiff’s vehicle on the alleyway in Gangnam-gu Seoul, Gangnam-gu, Seoul. However, the Defendant of E driver’s vehicle was moving back for parking on the said alleyway, and the part of the back part of the Defendant vehicle was shocked with the rear part of the Defendant vehicle, and thereby, the Plaintiff’s vehicle was damaged by the rear part of the back seal.

(hereinafter referred to as “instant accident”). C.

On January 15, 2014, the Plaintiff paid KRW 700,000 at the repair cost of the Plaintiff’s vehicle damaged by the instant accident (hereinafter “instant repair cost”).

[Ground of recognition] Each entry of Gap evidence Nos. 1 through 9 (including paper numbers), images, and the purport of the whole pleading

2. According to the above facts finding, it is reasonable to view that the accident in this case occurred due to the negligence of the driver of the Defendant vehicle who neglected the duty of safe driving in the future. As such, the Defendant is obligated to pay the repair cost of this case to the Plaintiff who acquired the Plaintiff’s right of compensation by subrogation by the insurer under Article 682 of the Commercial Act, and to pay damages for delay calculated at each rate of 20% per annum as stipulated in the Civil Act from January 16, 2014, the day following the date of payment of repair cost of this case, which is the day of the first instance judgment, as to the existence or scope of the Defendant’s duty of compensation from January 16, 2014 to December 24, 2014, and the day of full payment from the following day to the day of full payment.

3. Thus, the plaintiff's claim is justified within the above scope of recognition, and the remaining claims are dismissed as it is without merit.

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