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(영문) 서울중앙지방법원 2016.03.25 2014가단5314283
손해배상(자)
Text

1. The Defendant’s KRW 16,01,375 as well as the Plaintiff’s KRW 5% per annum from September 9, 2014 to March 25, 2016, and the following.

Reasons

1. Occurrence of liability for damages;

A. At around 14:30 on September 9, 2014, B: (a) the Csch Rexton vehicle (hereinafter “Defendant vehicle”) is located near the ceiling for the parallel of the Csch Rexton vehicle (hereinafter “Defendant vehicle”); and (b) around September 14:30, 2014

ii) D Food Article 308CC HDi car owned by the Plaintiff, which was stopped with the vehicle’s body while driving, (hereinafter “Plaintiff’s vehicle”).

) The rear part of the Defendant vehicle was concealed into the front part of the Defendant vehicle, and accordingly, the Plaintiff vehicle was pushed ahead of the vehicle, which was parked in the future, and the Plaintiff vehicle was damaged (hereinafter referred to as “instant accident”).

(2) The Defendant is an insurer that entered into an automobile comprehensive insurance contract, including a water liability insurance contract with respect to the Defendant’s vehicle.

[Ground of recognition] A without dispute, Gap evidence 1 (including paper numbers), Eul evidence 1, the purport of the whole pleadings

B. According to the above fact of recognition of liability, the defendant is liable for the damages suffered by the plaintiff due to the accident in this case as an insurer, and there is no reason to limit the defendant's liability according to the above facts.

2. Scope of liability for damages

A. The Plaintiff’s assertion asserts that the Defendant should pay the Plaintiff the amount of KRW 26,862,242, and the amount of KRW 12,227,00 paid with the rent for the 40-day repair of the Plaintiff’s vehicle (i.e., KRW 305,690 x 40 days) and damages for delay for the said money.

B. 1) According to the appraisal result of the repair cost appraiser E, the above appraiser calculated the appropriate repair cost of the Plaintiff’s vehicle as KRW 8,050,570 (including additional tax) due to the instant accident, and the Plaintiff repair the Plaintiff’s vehicle and disseminate 9,97,800 won as repair cost, Inc. (hereinafter “Pool”)

It can be recognized that the payment was made in the above facts, and the repair cost is determined by parts, personnel expenses, and towing expenses, and the standard work hours among the basis for calculating personnel expenses can be determined by the actual work hours and errors.

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