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(영문) 대구지방법원서부지원 2016.11.16 2015가단30705
손해배상(자)
Text

1. The Defendant: (a) KRW 2,124,362 to the Plaintiff and the Plaintiff’s KRW 5% per annum from August 26, 2014 to November 16, 2016.

Reasons

1. Basic facts

A. The Plaintiff is the owner of B new M5 vehicle (hereinafter “Plaintiff vehicle”), and the Defendant is the insurer who entered into a motor vehicle mutual aid agreement with respect to C New HU bus (hereinafter “Defendant vehicle”).

B. At around 22:13, August 26, 2014, D: (a) while driving along the two-lanes of the 321.4km of the west-gu, Chungcheongnam-gu, Chungcheongnam-do along the two-lanes of the 321.4km, D changed the two-lane due to road works in the front section of the road; (b) without turning on the direction direction, etc., the front section of the Plaintiff’s vehicle and the rear part of the Defendant’s vehicle (hereinafter “instant accident”).

C. The Plaintiff, who is the insurer of the Plaintiff, agreed to handle the Plaintiff’s vehicle by transfer, and at the time of the accident, the market price of the Plaintiff’s vehicle was KRW 23,00,000,000, the Plaintiff received KRW 14,340,000 (= KRW 23,000,000-- KRW 8,160,000 - 50,000), subtracting the remainder of the vehicle from the above amount (i.e., KRW 23,000; KRW 23,000,000; KRW 8,160,000; and thereafter, the Plaintiff received the Plaintiff’s vehicle from the Defendant’s Identity, without treating the Plaintiff’s vehicle by transfer; and the Defendant claimed KRW 14,00,000 at the repair cost.

After repair, there has been a e-learning phenomenon between the part on which the seal is completed and the part on which the seal is not partially replaced, and 2,635,234 costs incurred in resolving e-learning phenomenon.

E. Meanwhile, the difference initially registered on May 15, 2014, and on May 20, 2014, the Plaintiff, as the disabled in the second degree of disability in the second degree, was installed in the Plaintiff’s vehicle and disbursed KRW 2,400,000 at its expense. On May 20, 2014, the Plaintiff used KRW 2,220,000 at its expense by installing auxiliary devices, such as black boxes, etc.

F. At the time of the accident of the Plaintiff’s vehicle, the market price is 23,560,000 won.

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