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(영문) 서울남부지방법원 2020.10.22 2019나61654
보험에관한 소송
Text

Of the judgment of the first instance, the part against the Defendant ordering the Plaintiff to pay more than KRW 3,087,50.

Reasons

1. Basic facts

A. The plaintiff is a legal entity that runs a car rental business, and the defendant is a legal entity that runs a mutual aid business related to chartered bus transportation business.

B. On October 15, 2018, a chartered bus, which entered into a mutual aid agreement with the Defendant, was an accident that was driven by C (hereinafter “victim”) at the front section of the road around October 15, 2018, led to an accident that led to the rear of the D camping Habrid vehicle (hereinafter “victimd vehicle”).

(hereinafter “instant accident”). C.

On October 15, 2018, the victim suffered damage from the damaged vehicle to E Ilsan Service Center, and received 12,947,660 won in total, by November 15, 2018, including the waiting period, for 32 days until November 15, 2018.

For 32 days after the repair of damaged vehicles, the victim borrowed Franchising vehicles from the plaintiff (hereinafter referred to as "leased vehicles").

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4, and 5, the purport of the whole pleadings

2. Determination

A. The parties' assertion 1) The Defendant, the mutual aid business operator of the chartered bus that is fully responsible for the occurrence of the instant accident, is obligated to pay 4,875,000 won (i.e., 250,000 won x self discount rate 65% x 30 days) out of the total lending period of 32 days to the Plaintiff who acquired the claim for insurance money equivalent to the rent of the chartered loan from the victim (i.e., the Defendant). The Defendant is obligated to pay the Plaintiff for the rent of 30 days during the lending period of 32 days. (ii) The actual repair of the Defendant damaged vehicle is 75.1 hours, and the average lending period for the above public rental hours is 16 days. The rent of the leased vehicle is 90,000 won even if the Plaintiff complies with the fee disclosed on its website, and the victim is obligated to reduce the amount of damages for the leased vehicle.

(The defendant appealed only to part of the judgment of the court of first instance).

Judgment

1. It is necessary to repair a victim due to an accident.

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