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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. Basic facts
A. The plaintiff is a company whose purpose is automobile maintenance business, etc., and the defendant is an insurance company under the Insurance Business Act, etc.
B. From January 2, 2017 to January 5, 2017, when the Plaintiff did not enter into a contract with the Defendant, the Plaintiff accepted the repair of each vehicle as indicated in the attached Table 1 to 4 from the insured who subscribed to the Defendant’s automobile insurance, and received the insurance claims equivalent to the repair cost from the said insured, and notified the Defendant of the fact that the said insurance claims were transferred to the Defendant as the representative of the said insured.
C. The Plaintiff claimed repair costs from the Defendant, and received KRW 279,400, KRW 771,900, and KRW 605,00, and KRW 322,300, in the repair cost of the vehicle as indicated in the attached Table 2, and KRW 322,60,00, in the repair cost of the vehicle as indicated in the attached Table 3, as indicated in the attached Table 4, from the Defendant.
【Ground of recognition】 The fact that there has been no dispute, Gap 1, 2, 3, Eul 5, 6, 7, the purport of the whole pleadings
2. Summary of the parties' arguments
A. The reasonable time for the repair of each of the above vehicles of the Plaintiff is KRW 42,080 for an unclaimed exchange, repairO/H, and KRW 44,350 for a painting. Based on this, when calculating the repair cost of each of the above vehicles, the repair cost of the vehicles listed in the attached Table 1 shall be KRW 436,836 for the vehicle in the attached Table 1, KRW 1,700,52 for the vehicle in the attached Table 2, KRW 1,047,141 for the vehicle in the attached Table 3, and KRW 501,818 for the vehicle in the attached Table 4 for the repair cost.
However, the Defendant paid KRW 60,300 as the repair cost of the vehicles listed in the attached Table 1, KRW 279,40, KRW 771,90, KRW 600, and KRW 32,300 as the repair cost of the vehicles listed in the attached Table 3, and KRW 157,436, KRW 928,622, KRW 442, KRW 141, KRW 179,518, and KRW 1,707,717, which correspond to the difference in the above amount.