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(영문) 서울동부지방법원 2017.03.30 2015가단123789
보험에관한 소송
Text

1. The repair cost of the Plaintiff (Counterclaim Defendant)’s B vehicle against the Defendant (Counterclaim Plaintiff) in relation to the attached Form No. 1.

Reasons

1. The fact that a vehicle B owned by the Defendant (dup son; hereinafter “instant vehicle”) was transferred to the left-hand side due to an incident indicating the occurrence of liability for damages (hereinafter “instant accident”), and the fact that the Plaintiff is an insurer who concluded an automobile insurance contract with respect to D vehicles driven by C is no dispute between the parties.

Therefore, the Plaintiff is liable to compensate the Defendant for the damages incurred by the Defendant due to the instant accident.

2. According to the court’s appraisal commission with respect to appraiser E, the scope of liability for damages is recognized that the 12-day repair period is necessary for the repair of the vehicle on the damaged part of the instant vehicle due to the instant accident, and that 8,610,000 won is required as the repair cost (the Plaintiff also used the same repair period and the result of appraisal entrustment with repair cost as mentioned above by appraiser E through the statement in the preparatory document dated December 8, 2016 on the fifth date). However, the above appraisal commission result of the 370,000 won per day of the instant vehicle is difficult to believe it as it is in light of the content of the appraisal, and there is no other evidence to acknowledge it, and it is only possible to recognize 239,000 won as the repair cost of the instant vehicle as the 1-day rental fee of the instant vehicle.

Therefore, the Plaintiff is obligated to pay to the Defendant 2,868,00 won with the repair cost of the instant vehicle due to the instant accident, and the repair cost of 12 days between the repair interest rate (i.e., 12 days x 239,000 won), and 5% per annum prescribed by the Civil Act from May 24, 2015 to March 30, 2017, the date following the date of the instant judgment, which is the date of the instant judgment, until March 30, 2017, and 15% per annum prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the date of full payment. Accordingly, in relation to the indication of the attached Form, the Plaintiff’s obligation to pay the repair cost and the rental fee of the instant vehicle to the Defendant as above 11,478,000 won = 8,610,00 won per annum.

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