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(영문) 인천지방법원 2018.12.06 2017나62740
구상금
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. The Plaintiff is an insurer who has entered into a comprehensive automobile insurance contract with B and C, D and E, F and G vehicles (hereinafter the foregoing vehicles together referred to as “each of the instant vehicles,” including the respective self-vehicle damage security, with respect to B, D and F.

B. On June 2016 through July 7, 2016, the Plaintiff received an accident from each of the instant vehicles parked on the ground of Gyeyang-gu Incheon Gyeyang-gu, and paid the instant victims totaling KRW 12,334,945 upon a claim for the insurance money for automobile repair expenses.

Specific payment details of insurance proceeds are as follows:

On June 24, 2016, the amount paid as of the date of determining the payment of insurance proceeds under the name of the date of the separate receipt of the accident (won) C. C. The fact that the D Company on July 13, 2016, Nov. 21, 2016, 4,938,028 of the F. 12, 2016, F. 4,938,028 of the F. 12, 2016, the fact that there is no dispute over the payment of insurance proceeds under the name of the date of the separate receipt of the accident (based on recognition), the entries in the evidence of subparagraphs 1 through 3, and the purport of the entire pleadings.

2. The Defendant’s assertion neglected to perform his duty of care in the course of painting and caused the flag to be stuck down on each of the instant vehicles, thereby causing the instant victims to incur damages equivalent to KRW 12,334,945 in total, the repair cost of the instant vehicles, and thus, the Defendant is liable to compensate the victims of the instant accident, as compensation for damages caused by tort.

Meanwhile, the Plaintiff paid to the victims of the instant case totaling KRW 12,334,945 as the repair cost of each of the instant vehicles, and acquired by subrogation the right to claim damages against the Defendant by subrogation of the insurer under Article 682 of the Commercial Act. As such, the Defendant is liable to pay the Plaintiff KRW 12,334,945 as the damages.

3. According to the purport of Gap evidence Nos. 1 through 3, part of witness I of this court and all of the testimony and arguments, the defendant's ground buildings of Gyeyang-gu Incheon, Gyeyang-gu, around June 15, 2016 each of the instant cases.

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