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(영문) 대구지방법원 2019.10.17 2018나316398
보험금
Text

1. Revocation of the first instance judgment.

2. The plaintiff (appointed)'s claim is dismissed.

3. The total cost of the lawsuit.

Reasons

1. Basic facts

A. The Plaintiff is a person running the automobile maintenance business in the name of “F” in the name of the Appointor C, D, E, and Dong business, and the Defendant is a company running the insurance business, etc.

B.F has maintained a vehicle at the request of the insured who entered into an automobile insurance contract with the Defendant or the borrower of the damaged vehicle due to the negligence of the insured, and thereafter has claimed insurance money equivalent to the cost of repair to the Defendant.

C. The F repaired each of the vehicles listed in the separate sheet No. 1 (hereinafter “each of the instant vehicles”) and claimed insurance money equivalent to each of the repair costs indicated in the separate sheet against the Defendant from the borrower of each of the instant vehicles to the Defendant, who is an insurance company, after being transferred the right to claim damages from the Defendant.

The repair cost is based on the amount of 28,300 won per hour in 2016 from G Co., Ltd. (hereinafter “G”), and the amount of 29,500 won per hour in 2017, and the amount of 29,500 won per hour in G, and the amount of each damage adjustment statement prepared by applying the working hours prescribed in G (hereinafter “each damage adjustment statement of this case”). D.

The defendant paid insurance money by calculating the repair cost per hour and working hours calculated on the basis of the data published by the Minister of Land, Transport and Maritime Affairs and the I program for the estimation of automobile repair costs, etc., and did not pay the amount exceeding the amount acknowledged by the defendant out of the amount claimed by the plaintiff.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 3, Eul evidence 1 to 2, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff asserted 1 filed a claim for repair costs lawfully calculated in accordance with each of the instant damage adjusting statements, and the Defendant paid the full amount of the repair costs up to 2016, and paid only some insurance proceeds at will after June 2016.

The details of each of the claims in this case are applied only once.

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