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(영문) 서울중앙지방법원 2019.01.31 2017가단5070928
손해배상(자)
Text

1. The defendant shall pay to the plaintiff KRW 20.5 million.

2. The plaintiff's remaining claims are dismissed.

3. Of the costs of lawsuit.

Reasons

1. Occurrence of liability for damages;

A. Fact 1) D D is a construction machinery loger (hereinafter “Defendant vehicle”) at the F Company T’s work site located in Pakistan around 10:00 on June 17, 2016.

) The C dump truck of the Plaintiff’s driving (hereinafter “Plaintiff’s vehicle”) which was behind the Defendant’s vehicle without checking the rear while driving.

) The front right part of the Defendant’s front side conflict with the Defendant’s vehicle (hereinafter “instant accident”).

(2) As the Plaintiff’s vehicle was destroyed due to the instant accident, it was repaired from June 21, 2016 to June 30, 2016. After the release of the Plaintiff, the Plaintiff discovered that the Plaintiff’s engine solid block was destroyed and damaged while maintaining the re-maintenance on July 27, 2016.

3) The Plaintiff requested the Defendant, the insurer who entered into a comprehensive automobile insurance contract with respect to the Defendant vehicles, to pay insurance proceeds for the damage to the Plaintiff’s engine solid block. However, the Defendant refused payment on the basis of the Defendant’s appraiser’s report that did not cause damage to the instant accident. On August 1, 2016, the Plaintiff’s existing repair cost of KRW 1,4360,000 (the repair cost for the part already repaired by an industrial company) for the repair cost of the Plaintiff’s vehicle.

) Only KRW 2 million has been paid for a holiday fee of KRW 2 million (based on recognition). [In the absence of dispute, Gap evidence Nos. 1, 2, 3, and 5, Eul evidence No. 3 (including each number, and the purport of the whole pleadings)

B. According to the above facts, the defendant is liable to compensate the plaintiff for damages caused by the instant accident as the insurer of the defendant vehicle.

C. As to the claim on limitation of liability, the Defendant could prevent the instant accident, taking into account the Plaintiff’s negligence, if the Plaintiff fulfilled his/her duty of prior watch and took appropriate measures to avoid the collision accident.

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