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(영문) 춘천지방법원강릉지원 2015.06.02 2014가단202956

채무부존재확인

Text

1. On March 29, 2014, around 17:55, the Plaintiff (Counterclaim Defendant) is involved in a traffic accident between the vehicle B and the track.

Reasons

1. Basic facts

A. On May 17, 2013, the Plaintiff entered into an insurance contract with C and its owner with the content of voluntary collateral security coverage liability, insurance coverage amounting to 30,000,000 won, and the validity period for each collateral from May 17, 2013 to May 17, 2014.

B. C, around 17:55 on March 29, 2014, around 17:65, 17:55, Jincheon-si, Sncheon-do, U.S. On the road, which was parked on the road side while driving the road, shocked the Track 6800 track owned by the Defendant (hereinafter “instant Track Track”).

(hereinafter “instant accident”). C.

The Plaintiff paid KRW 7,500,000,000 to our observers and new equipment, which is the repair shop, in total, the repair cost of the fleets and Robers.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 7, the purport of the whole pleadings

2. The assertion and judgment

A. The defendant asserts that the accident of this case caused damage to the subconcept of the track of this case, and that 40,650,000 won of the repair cost of the motor vehicle and engine was additionally required. The plaintiff asserts that there was no causation between the accident of this case and the damage to the speed of the track of this case, and that the defendant's negligence of the accident of this case was 20%.

B. Determination 1) In full view of whether damage, such as the vice-speed fishing, etc., caused the instant accident or caused the instant accident, the result of the appraisal commission to appraiser D, and the purport of the entire arguments as to the result of the fact-finding, the instant track was connected to the engine’s transmission with the engine’s wheels, as it was 16 parts at the time of the accident. However, as the body’s wheels was turned back by external force due to the accident in the instant case, it is necessary to repair the transmission of the engine with the engine’s wheels in the order of the wheels change engine during the process of moving at least 1m of the body’s body.