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(영문) 서울중앙지방법원 2014.01.21 2013가단49
손해배상
Text

1. The Defendant’s KRW 50,711,194 as well as the Plaintiff’s KRW 50% per annum from December 31, 2012 to January 21, 2014.

Reasons

1. The following facts can be acknowledged in full view of the purport of the entire pleadings, either in the absence of a dispute between the parties or in the statements in Gap evidence Nos. 1 to 6, and 8 (including paper numbers):

B On March 18, 2012, when driving the C Vehicle on March 14:09 (hereinafter “instant Maritime Vehicle”) and driving one lane on the C Vehicle on the 3rd line road near the king Sloping Station in Seongdong-gu Seoul, Seongdong-gu, Seoul, and attempted to drive the UV car in the direction of the opposite direction, and attempted to turn back to the left at the same distance, and failed to find at once the EV AV car F 4100Ra (hereinafter “the instant Maritime Vehicle”) of D Driving, which attempted to turn to the left while driving along the instant Maritime Vehicle and attempted to turn to the left at the same time, and failed to find at all, the instant Maritime Vehicle was the Maritime Vehicle in the direction of the opposite direction by shocking the instant Maritime Vehicle with the instant Maritime Vehicle in the part above.

(hereinafter “instant accident”). B.

D immediately left the part of the Plaintiff, who operated the specialized repair store of the imported Obaba, to the repair of the instant Obaba.

The Plaintiff was manufactured in the Italian Republic of Korea and imported from the Republic of Korea. The Plaintiff had to procure parts from Italian in order to repair them, and the repair of Orala was completed on July 30, 2012.

D On the other hand, from March 19, 2012, on the day following the occurrence of the instant accident, from March 19, 2012, until July 30, 2012, the repair of the instant Otoba from the Plaintiff was completed, it was leased from the Plaintiff the instant Otoa RSV4 motorcycle (hereinafter “the instant alternative Otoba”).

C. The Defendant, as an insurer who concluded an insurance contract with respect to the instant Maritime Vehicle, did not reach an agreement with D on the payment of insurance proceeds in accordance with the instant accident. On April 9, 2012, the Defendant filed a civil conciliation application against D on April 9, 2012, with Seoul Eastern District Court 2012s and 531, but completed conciliation on June 4, 2012.

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