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(영문) 전주지방법원 2016.09.28 2015나8707
보험에관한 소송
Text

1. The judgment of the court of first instance, including the Defendant’s successor (Counterclaim Plaintiff)’s counterclaim brought at the court of first instance, is next to the judgment.

Reasons

1. In fact, the Plaintiff is an insurer who entered into a comprehensive automobile insurance contract with Hyundai Tech Co., Ltd., the owner of the D class III vehicle (hereinafter “Plaintiff”), and A was the owner of the 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”). On the other hand, the Defendant’s succeeding intervenor completed the ownership transfer registration from A on February 6, 2015.

[Ground of recognition] Items A 1 through 3, Eul 1, 4, and 5 respectively, or 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.

In addition, the period for repairing the damaged parts of the Defendant vehicle is sufficient to be three days, so the lending fee is KRW 877,500.

Therefore, there is no obligation to pay repair costs and loan charges to the defendant on the part of the plaintiff.

B. The part of the Defendant’s succeeding intervenor’s assertion on the damage of the Defendant’s vehicle is 6,910,370 won (i.e., replacement of parts, 6,149,190 won), 6,615,00 won, transportation expenses of KRW 227,100, 215,90, 518, 261,531, and 642,00,000,000 for interest on delay in rent, automobile’s comprehensive insurance amount set-off amount, KRW 51,531, and KRW 261,531, and the amount of direct damage, KRW 2,70,00, KRW 2,700, KRW 70,000, and KRW 1,80,000, KRW 10,000, mental consolation money, and KRW 10,00,97,690,09,09,000.

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