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(영문) 전주지방법원군산지원 2015.09.22 2015가단51840
보험에관한 소송
Text

1. The Plaintiff’s repair cost and rent for the Defendant in connection with an accident involving C vehicles that occurred on December 2, 2014 at around 18:10.

Reasons

1. The Plaintiff is the insurer who entered into a comprehensive automobile insurance contract with Hyundai C&T Co., Ltd., the owner of the D class III vehicle (hereinafter “Plaintiff vehicle”), and the Defendant is the owner of CMW vehicle (hereinafter “Defendant vehicle”).

E, around 18:10 on December 2, 2014, around 18:10, at G parking lot located in the Sinsan-si, Sinsan-si, in the snow of the Plaintiff’s vehicle, and due to negligence of not operating hand and speed pedals, and contacted the parts of the Defendant’s vehicle parked next to the lower part from the lower part of the Defendant’s vehicle parked next to the right string.

(hereinafter “instant accident”). Meanwhile, on February 6, 2015, the Defendant’s succeeding intervenor completed ownership transfer registration with respect to the Defendant’s vehicle from the Defendant.

[Ground of recognition] Evidence Nos. 1, 2, Eul evidence Nos. 5, Gap evidence Nos. 3, Eul evidence Nos. 1 and 4, and the purport of the whole pleadings

2. The parties' assertion

A. The damaged parts of the Defendant vehicle due to the instant accident of the Plaintiff’s assertion are limited to the right pande, back fences, and back doors, and the repair cost is KRW 1,035,920.

Since it is sufficient to repair the damaged part of the Defendant vehicle for three days, the lending fee is KRW 877,500.

Therefore, the plaintiff's repair expenses and the obligation to pay the lending table to the defendant does not exceed KRW 1,913,420.

B. The part of the damage of the Defendant vehicle due to the instant accident by the Defendant’s succeeding intervenor is 6,910,370 won (i.e., replacement of parts, etc. 6,149,190 won), 6,615,00 won (i.e., replacement of parts, etc. 6,149,190 won), 227,100 won for transportation expenses, 21,590 won for interest on rent, 57,302 won for interest on rent, 29,059 won for automobile comprehensive insurance, and 13,860,421 won (i.e., replacement of parts).

3. According to the above fact of the occurrence of damage claim, E caused the instant accident by negligence, which did not handle hand-on and speed pedals with due care, and thus, the insurer is the insurer.

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