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(영문) 수원지방법원 2019.01.11 2018나51072
구상금
Text

1. The part of the judgment of the court of first instance against the defendant exceeding the following amount ordered to be paid shall be revoked.

The defendant.

Reasons

Basic Facts

The Plaintiff is an insurance company that entered into a comprehensive automobile insurance contract for D dump trucks owned by the insured C (hereinafter referred to as “Plaintiff-motor vehicle”).

(A) On January 26, 2016, C parked the Plaintiff’s vehicle in the light photographer near the Friju station located in the Gu Ma, G on January 26, 2016, and requested the Defendant to replace the Plaintiff’s vehicle with the sign.

Accordingly, at around 16:20 on the same day, while the Defendant started the replacement with the rear wheels of the Plaintiff’s left side of the Plaintiff’s vehicle, there was an accident where the front part of the Plaintiff’s vehicle parked after the front side of the front side of the Plaintiff’s vehicle and the G vehicle parked after the front side of the Plaintiff’s vehicle (hereinafter “victim’s vehicle”).

(A) On November 14, 2016, the Plaintiff paid KRW 9,900,000 (hereinafter “instant insurance proceeds”) to the owner of the damaged vehicle for physical damages caused by the instant accident.

(A) 【No. 3’s ground for recognition”, 【No. 1’s each entry or video, the purport of the entire pleadings, and the assertion of the parties to the judgment, the instant accident alleged by the Plaintiff was committed while the Defendant transferred the Plaintiff’s vehicle from C for repair and transferred the back part of the said vehicle to a U.D., while the replacement work was carried out.

Therefore, the accident of this case can be deemed to have occurred due to the negligence of the defendant, who is the 100% repairer of the vehicle, so the defendant is obligated to pay to the plaintiff the insurance money of this case and damages for delay equivalent thereto.

Then, I argue that ‘the matter' is.

Although the Defendant’s assertion C parked the Plaintiff’s vehicle on a slope, it did not take safety measures, such as diving the parking boom of the said vehicle, and the instant accident occurred due to the foregoing negligence of C, the Plaintiff’s claim for reimbursement is unreasonable.

Even if not, C is the same as above.

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