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(영문) 서울중앙지방법원 2021.02.05 2020나20431
손해배상(기)
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and the purport of the appeal shall be the first instance.

Reasons

1. Facts of recognition;

A. On December 30, 2016, the Plaintiff is the owner of C Saturdays Habrid Motor Vehicle (hereinafter “Plaintiff”) with a new registration of December 30, 2016.

The defendant is a mutual aid business entity which has entered into a motor vehicle mutual aid contract with respect to motor vehicles D (hereinafter referred to as "Defendant vehicle").

B. On February 26, 2019, around 09:30, the Plaintiff’s vehicle stopped as a string of the vehicle while driving in the Han River Station in Yongsan-gu Seoul, Yongsan-gu, Seoul. However, there was an accident where the Defendant’s vehicle, which was driving in the same direction, was parked in the front side of the Plaintiff’s vehicle, and the other vehicle stopped in the front side of the vehicle (hereinafter “the instant accident”).

(c)

Due to the instant accident, the Plaintiff’s vehicle has accepted the exchange of the left-hand and right-hand quota panel, the between the two parties, and the Liber panel, and accepted the left-hand side and the right-hand set of members, and the between the parties.

(d)

The Defendant paid KRW 25,113,000 as insurance money, including KRW 20,453,00,000 for the repair cost of the Plaintiff’s vehicle, as the mutual aid business operator of the instant accident.

E. At the time of the instant accident, the odometer was 54,184 km of the Plaintiff’s vehicle.

F. When the Plaintiff acquired the Plaintiff’s vehicle, the price of the Plaintiff’s vehicle was KRW 36,727,273 except value-added tax.

G. On September 25, 2018, the date of the instant accident, the Plaintiff’s vehicle was involved in an accident with other vehicles. Accordingly, an insurance company that was a party to the instant accident incurred KRW 845,200 for the cost of repairing the Plaintiff’s vehicle with the insurance proceeds covered by the other party’s insurance proceeds.

【In the absence of dispute over the grounds of recognition, Gap evidence Nos. 1, 3 through 5, Eul evidence Nos. 4, Eul evidence Nos. 4, and the court of first instance appointed a private person E for the assessment of motor vehicles belonging to the FF as an appraiser, but entrusted E for an appraisal without undergoing an appraiser's oath. The court of first instance received the result from Eul, an incorporated association, without going through an appraiser's oath.

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