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1. The Defendants jointly and severally agreed to the Plaintiff KRW 4,836,280, as well as 5% per annum from August 10, 2013 to July 2, 2015.
Reasons
1. Facts of recognition;
A. On August 10, 2013, Defendant B driven a C vehicle (hereinafter “Defendant vehicle”) around 23:23:23 on August 10, 2013, and continued to commit a violation of signal immediately after he/she opened an Abrotool in the Abro-Eup in the Abrodo, and shocked the front left-hand side of the DMW750Li vehicle owned by the Plaintiff (hereinafter “Plaintiff”).
(hereinafter referred to as “instant accident”). (b)
Due to the instant accident, the Plaintiff’s vehicle was damaged by the front driver, the left-hand horse, the front panel, the front side, the front side, the front wheel, the front wheel, the front side wheel, and the showor of the front side.
C. Defendant East Fire & Marine Insurance Co., Ltd is an insurer that entered into a comprehensive automobile insurance contract with the insurance period from January 20, 2013 to January 20, 2014.
The Plaintiff received 13,646,600 won as repair cost for the Plaintiff’s vehicle due to the instant accident from Samsung Fire Insurance Co., Ltd., the insurance company of the Plaintiff’s vehicle.
[Ground of recognition] Facts without dispute, Gap evidence 1, 11, Eul evidence 5, Gap evidence 12 (including paper numbers), the purport of the whole pleadings
2. Occurrence and scope of liability for damages;
A. According to the above facts, Defendant B is jointly and severally liable to compensate the Plaintiff for the damages caused by the instant accident, as the operator of the Defendant vehicle, and the Defendant Eastern Fire Marine Insurance Co., Ltd., as the insurer under the comprehensive automobile insurance contract against the Defendant vehicle.
B. (1) The Plaintiff’s assertion that the Plaintiff’s automobile repair cost (A) caused by the instant accident requires repair of KRW 23,586,475 with the primary repair cost, KRW 9,049,590 with the primary repair cost, and KRW 32,636,065 with the aggregate of KRW 32,636,065 with respect to the said repair cost.
(B) Determination ① Property damage caused by an illegal act refers to the difference between the property condition that would have existed if the illegal act had not been committed and the current property status that caused the illegal act.