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1. Of the judgment of the court of first instance, the part against the Plaintiff corresponding to the following additional payment order shall be revoked.
Reasons
1. Basic facts
A. The Plaintiff is the owner of the Plaintiff’s private taxi vehicle B (hereinafter “Plaintiff”), and the Defendant is an insurance company that concluded an automobile insurance contract with respect to the Defendant’s vehicle C (hereinafter “Defendant”).
B. Around 05:00 on April 24, 2017, the Defendant vehicle shocked the Plaintiff vehicle, which was proceeding in accordance with normal signal at the opposite lane while the front of the Emart in Daegu Suwon-gu D, was an illegal internship.
(hereinafter referred to as “instant accident”). C.
On April 25, 2017 following the day following the accident, the Plaintiff received a written estimate (including A evidence 5-1 through 3, hereinafter “instant estimate”) that the repair cost of the Plaintiff’s 6,194,701 won (including value added tax) by requesting the Hyundai Automobile Daegu Service Center to estimate the repair of the Plaintiff’s vehicle.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4, 5, 6 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings
2. According to the above recognition of the liability for damages, since the accident of this case occurred by unilateral negligence of the defendant's vehicle, the defendant is liable to compensate the damage suffered by the plaintiff as an insurance company of the defendant's vehicle.
3. Scope of liability for damages
A. According to the above facts, the plaintiff's vehicle is destroyed due to the accident of this case and the 6,194,701 won is required as repair cost. Thus, barring any special circumstance, the defendant is liable to pay the above 6,194,701 won and damages for delay to the plaintiff.
B. As to this, the Defendant asserts that the damage level, such as the front gate, hedge, front gate, etc. in the written estimate of this case, may be deemed as damage caused by the accident of this case, but it cannot be deemed as damages amounting to KRW 6,194,701 in the written estimate of this case, and the repair cost for the Plaintiff’s vehicle shall be limited to KRW 2,430,000 in accordance with the standard repair fee standard published by the Ministry of Land, Infrastructure and Transport.
(No. 26, 2017).