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(영문) 의정부지방법원 2016.05.13 2015가단111037
보험에관한 소송
Text

1. With respect to traffic accidents that occurred on March 26, 2015, the repair costs and loan charges for B vehicles against the defendant.

Reasons

1. Facts of recognition;

A. The Plaintiff is an insurer who entered into a comprehensive motor vehicle insurance contract with Nonparty C with respect to the D motor vehicle (hereinafter referred to as “Korean motor vehicle”). The Defendant is the owner of B motor vehicle (benz S500, hereinafter referred to as “victim”).

B. At around 10:05 on March 26, 2015, Nonparty E, while driving a sea-going vehicle, shocked the damaged vehicle following the vehicle, which was prior to the parking lot near the Han River Park in Mapo-gu Seoul Metropolitan Government.

(hereinafter “instant accident”). C.

Due to the instant accident, transparent films, etc. constructed on the back part of the damaged vehicle and the damaged vehicle were damaged.

Meanwhile, from March 27, 2015 to April 10, 2015, the day following the date of the instant accident, the Defendant set a siren 500 for 15 days, and the expenses incurred therefrom are KRW 7,800,000 (=520,000 x 15 days).

[Ground of recognition] Facts without dispute, Gap evidence 1 and 2, Eul evidence 1 and Eul evidence 1 (including branch numbers, if any; hereinafter the same shall apply) and the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion (1) repair costs that the Plaintiff may recognize for the damaged vehicle are KRW 1,706,280.

(2) The costs of lending and lending that the Plaintiff can recognize in relation to the instant accident are KRW 1,040,000 (=520,000 x 2 days) that falls under the ordinary repair period of two days.

(3) Therefore, the Plaintiff’s obligation to pay repair and loan costs to the Defendant does not exceed KRW 2,746,280 (= KRW 1,706,280).

B. The Defendant’s assertion (1) that the required repair cost for the damaged vehicles is KRW 1,056,10, the replacement and painting cost for the secondary crime-related vehicles and KRW 2,233,10, the film construction cost of KRW 4,300,00, the sum of KRW 7,589,220.

(2) Due to the instant accident, KRW 7,800,000 was incurred for lending and borrowing expenses for 15 days.

(3) Therefore, the Plaintiff’s total repair costs and loan costs = KRW 15,389,220 = 7,589,220 won, KRW 7,80,000, and KRW 15,420,000 in the written reply dated May 29, 2015 are written errors.

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