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(영문) 서울동부지방법원 2016.05.19 2015가단118275
보험금
Text

1. B vehicles owned by new passenger transportation in Gangnam-gu Seoul on February 12, 2015 and C vehicles owned by the defendant, around 14:30;

Reasons

1. The facts subsequent to the underlying facts may be acknowledged by integrating each description of Gap evidence No. 4 to 6, Eul evidence No. 1, as a whole, the purport of the entire pleadings (including facts having no dispute).

D On February 12, 2015, around 14:30, 2015, when driving a vehicle owned by new passenger traffic and transportation (hereinafter “Plaintiff’s side”) on the roads in front of the Gangnam-dong, Gangnam-gu, Seoul (hereinafter “Seoul”) and changing the vehicle, it was caused an accident that contacts the front part of the vehicle C (hereinafter “Defendant’s side”) owned by the Defendant with the lower part of the back side of the damaged vehicle (hereinafter “instant accident”).

The Defendant, due to the instant accident, brought the Defendant’s vehicle into the maintenance factory for 12 days from February 16, 2015 to February 28, 2015, and used the Defendant’s vehicle for 4,250,400 won from Youngdong Port Co., Ltd. during that period.

The plaintiff is the insurer of the plaintiff's vehicle, and the defendant is the insurer of the defendant's vehicle.

2. The plaintiff asserts that the plaintiff's assertion and its determination as to the damage part of the defendant's vehicle caused by the accident in this case is limited to the upper part of the left part, and the appropriate repair period of the damaged part is three days, and the rent for one day is 263,700 won, and the negligence of the defendant's vehicle is 20%, so the insurance money related to the rent for lease and lease which the plaintiff pays to the defendant does not exist exceeding 632,880 won (=263,700 won x 3 days x 80%).

As to this, the Defendant’s assistant intervenor asserts that the damaged parts of the Defendant’s vehicle was 12 days in the instant accident, and the damaged parts were 12 days in order to repair the damaged parts, the rent per day was 400,000 won, and there was no fault of the Defendant’s vehicle, and thus, the Defendant’s assistant intervenor asserts that the insurance money related to the rent paid to the Defendant is 3,360,000 won (=40,000 x 12 days x 70%).

In full view of the descriptions and images of Gap 1 through 3, Gap 1 through 8, Eul 2 through 4, and Eul 6, the purport of the entire pleadings (including the fact that there is no dispute) shall be taken into account.

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