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(영문) 부산지방법원동부지원 2019.01.31 2016가단201625
손해배상(자)
Text

1. The Defendant’s KRW 21,144,398 with respect to the Plaintiff and KRW 5% per annum from October 19, 2017 to January 31, 2019.

Reasons

1. Facts of recognition;

가. 원고는 2006년식 C 롤스로이스 팬텀(이하 ‘원고 차량’이라 한다)의 소유자이고, 피고는 D과 E 에쿠스 차량(이하 ‘피고 차량’이라 한다)에 대하여 자동차보험계약을 체결한 보험자이다.

B. D, around July 7, 2015, around 23:50, is parked in the F apartment underground parking lot in Ulsan-gu, Ulsan Metropolitan Government.

Along with the right side of the Plaintiff’s vehicle, which was completely parked, the part with the pans and fences was shocked.

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

On August 3, 2015, the Plaintiff: (a) towed the Plaintiff’s vehicle at the Sungsan Center of G Co., Ltd. located in Mapo-gu Seoul (hereinafter “Seongsan Service Center”); (b) did not reach an agreement with the Defendant on December 30, 2015; (c) towed the Plaintiff’s vehicle on September 8, 2016; and (d) returned it to the Nonparty Service Center.

On April 17, 2017, when the Plaintiff pre-paid the cost of parts, such as the pans of Plaintiff’s vehicle and the upper right fences, Nonparty Service Center ordered necessary parts, and completed the repair of Plaintiff’s vehicle on June 9, 2017.

[Ground of recognition] Facts without dispute, Gap 1, 3, 5 evidence, Gap 9-1 to 3, Eul 1-1 and Eul 2's each video and the purport of the whole pleadings

2. Determination

A. The parties' assertion that the plaintiff suffered damages to the towing cost of the plaintiff 28,759,908 for repair costs and repair costs of KRW 28,759,908, which were incurred by the plaintiff in exchange with the pans and fences, and the non-party service center for repair costs of KRW 28,759,908. The defendant asserted that the plaintiff suffered damages to the towing cost of the non-party service center for three times (one time). The defendant stated that the appropriate repair cost of the plaintiff 1's vehicle, such as the replacement of the pans and fences, is 6,589,010 won, and that the damaged part of the plaintiff 1's vehicle does not need towing because it does not interfere with the vehicle operation by the pans and fences after the right-hand part of the accident in this case on the right-hand part of the damaged part. There is no dispute between the parties.

3 First, whether it is necessary to exchange pans and fences.

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