(영문) 서울동부지방법원 2017.04.27 2015가단110042

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(영문) 서울동부지방법원 2017.04.27 2015가단110042

채무부존재확인

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1. On March 26, 2015, around 15:16, 2015, B vehicles within the site of 2 construction sections, Gui-Yan-Yancheon-ro, private-purpose, private-purpose.

Reasons

1. On March 26, 2015, around 15:16, 2015, C is liable for damages: (a) operated a vehicle moving behind B within the site of Section B, a public-private-private-private-private-private-private-private-private-private-private-private-private-private-purpose vehicle owned by the Defendant (hereinafter “instant vehicle”); (b) the Plaintiff is the insurer of the said B vehicle, and there is no dispute between the parties.

Therefore, the Plaintiff is obligated to compensate for the damage incurred by the Defendant due to the instant accident, that is, the cost of repairing the instant vehicle.

2. The scope of liability for damages;

A. (1) The part of the frame of the instant vehicle was destroyed due to the instant accident of the Plaintiff’s assertion, and the relevant repair cost is KRW 4,400,000.

In addition, the appropriate repair period of the above space frame is 3 days, and the shutdown damage per day of the instant vehicle is 235,460 won. Thus, the shutdown damage of the instant vehicle due to the instant accident is 706,380 won.

Therefore, in relation to the instant accident, the Plaintiff’s obligation to pay insurance money to the Defendant does not exceed KRW 4,706,380 (=4,400,000).

(2) The Defendant’s assertion caused the instant accident that led to the occurrence of a phenomenon where the instant vehicle was running from the main wing tower, and the instant vehicle was running in the main wing pumps, and the occurrence of abnormal from the main wing pumps during the wing operation, and the wing operation occurred, and the wing frame was damaged by the winger, the winger, the winger, the winger, and the upper part (hereinafter “overboard part”).

Accordingly, the Defendant spent KRW 29,370,00 to purchase the used parts of the winging machine, wing even, and side plates for the repair of the instant vehicle, and incurred damages in totaling KRW 48,045,791 to the beneficiary of the instant vehicle to repair the used parts, and to repair the used parts.

In addition, the defendant has the transportation cost for the repair of the vehicle of this case.

유사 판례

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