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(영문) 인천지방법원 2015.07.23 2015나50231
손해배상(기)
Text

1. Of the judgment of the court of first instance, the part against the defendant in excess of the amount ordered to be paid below shall be cancelled.

Reasons

1. Basic facts

A. The Plaintiff is an insurer that entered into an automobile insurance contract with A and B K3 automobiles (hereinafter “Plaintiff”).

B. On August 14, 2013, A, while driving the Plaintiff’s vehicle and driving the frontway for the Incheon Bupyeong-gu C commercial building, he/she shocked the Ecller Bluing car (hereinafter “instant vehicle”) driven by D.

(hereinafter “instant accident”). The instant accident led to the destruction of a penter, penter, or wheel chairs behind the direction of the driver’s seat of the instant vehicle.

C. On October 30, 2013, Hyundai Marine Fire Insurance Co., Ltd. and the Plaintiff, the insurer of the instant vehicle, agreed that the Plaintiff’s negligence was 80% and 20% of the instant vehicle’s negligence. The Hyundai Marine Fire Insurance Co., Ltd. paid repair fees in advance to the Defendant, and thereafter, paid repair fees in the manner of claiming the amount according to the percentage of fault from the Plaintiff.

On August 16, 2013, the instant vehicle was requested to repair and stored in an industrial company operated by the Defendant in the Geum Daily. The Defendant issued a quotation on August 19, 2013 after the end of the week and confirmed through the Crassler agency, thereby confirming that two followed-up crowdfunding parts (hereinafter “instant parts”) are stored overseas, and taking into account this, the expected repair period was announced on August 27, 2013 by 12 days.

마. 피고는 2013. 8. 19. 월요일에 외제차 부품을 취급하는 피쓰리오토파츠 주식회사(이하 ‘피쓰리오토파츠’라 한다)의 담당자에게 이 사건 부품의 재고유무 및 견적을 알아봐달라고 부탁하였는데, 위 담당자가 피고의 부탁을 깜빡하고 피고에게 견적서를 보내주지 않았다.

F. On August 20, 2013, the Defendant issued the domestic inventory part order on August 20, 2013, and the domestic inventory part was entirely stored on August 21, 2013 following the day.

On August 26, 2013, the defendant is a miotomaz.

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