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(영문) 인천지방법원 2016.11.11 2014가단250835

채무부존재확인

Text

1. In relation to the accident described in the attached Form 1 column, the Plaintiff’s vehicle column for repair in attached Form 1 shall be stated.

Reasons

1. Facts recognized;

A. The Plaintiff is an insurer who has concluded an automobile insurance contract for each insured vehicle listed in attached Table 1, and the Defendant is a motor vehicle maintenance businessman.

B. On August 17, 2014, the same accident as the attached Form 1 (hereinafter “instant accident”) occurred, and the Defendant, upon receiving a request for repair from the owner of the repair vehicle as indicated in the attached Form 1 (hereinafter “instant vehicle”), had completed repair and received the claim for damages against the Plaintiff, and claimed repair expenses to the Plaintiff with the same details as the Defendant’s claim in the attached Form 2.

C. On February 19, 2014, the Plaintiff, via Samsung Fire Damage Adjustment Services Co., Ltd., entered into an insurance maintenance agreement with the Defendant to apply the standard work hours table and painting table for new types of vehicles after 2005, with regard to the maintenance charges for repair works entered into with the Defendant from the date of the said contract, and the hours of work are 24,850 won per hour, respectively, and the Ministry of Land, Infrastructure and Transport published the “tamped exchange standard work hours table and painting table” as published by the Ministry of Land, Infrastructure and Transport.

[Ground of recognition] Facts without dispute, Gap evidence 2, 8-1, 2, and 9, each of the statements, the purport of the whole pleadings

2. The parties' assertion

A. The defendant's assertion that the plaintiff's repair cost is excessive or excessive to repair the part that is not related to the accident of this case. Thus, the repair cost that the plaintiff is to pay to the defendant shall not exceed the amount stated in the item in the item in the item in the item in the item in the item in the attached hereto 1, which is calculated by comparing the contents in

B. After the Defendant’s claim was requested to repair the instant vehicle, the Defendant sent a written estimate to the Plaintiff in advance to the employee in charge, the contents of the work, and the working hours.