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(영문) 서울중앙지방법원 2017.11.09 2016가단5157736
손해배상(자)
Text

1. The Defendant: (a) KRW 4,665,600 for the Plaintiff and KRW 5% per annum from February 18, 2016 to November 9, 2017.

Reasons

1. Occurrence of liability for damages;

A. (1) On February 18, 2016, the Plaintiff was driving a freight B (hereinafter “Plaintiff”) around 09:25, and was stopping in the joint section of the instant vehicle due to a numberless vehicle running behind the Plaintiff’s vehicle (hereinafter “Defendant”) while driving the vehicle on the front section of the instant vehicle, and driving the vehicle on the front section of the instant vehicle on the front section of the instant vehicle in Mapo-gu, Seoul.

(2) The Plaintiff’s front part of the Plaintiff’s vehicle was destroyed due to the instant accident, and the Defendant is an insurer who entered into a comprehensive insurance contract with respect to the Defendant’s vehicle.

[Ground of Recognition] Facts without dispute, Gap 1, 2 evidence, Eul 1's entries or videos (including paper numbers) and the purport of the whole pleadings

B. According to the above fact of recognition of liability, the defendant, the insurer of the defendant vehicle, is liable to compensate for the loss suffered by the plaintiff due to the accident of this case.

2. Scope of liability for damages; and

A. The Plaintiff’s assertion that the instant accident occurred, 22,083,282,282,282 (23,072,000 won (229,068 won per day), as the Plaintiff did not use the Plaintiff’s vehicle during the repair period (i.e., 23,823,072 won - 6,871,950 won), and the Defendant is obligated to pay damages for delay to the Plaintiff, as the Plaintiff suffered losses for business suspension due to the Plaintiff’s failure to use the Plaintiff’s vehicle during the repair period (i.e., 22,083,282 won (23,072 won - 5,132,160 won - 6,871,950 won).

B. (1) According to the reasoning of the judgment of the court below, the part concerning the repair cost claim No. 3 and the fact-finding on the Cautomobile Industrial Operator of this court, Cautomobile Industrial Operator accepted the Plaintiff’s vehicle damaged by the instant accident, and the Plaintiff paid 5,132,160 won (including additional 466,560 won) at the repair cost to Cautomobile Industrial Operator.

However, the plaintiff.

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