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(영문) 서울고등법원 2017.04.21 2015나2054583

채무부존재확인

Text

1. The judgment of the first instance court, including the Plaintiff’s principal claim that was reduced in this court, shall be modified as follows.

Reasons

1. The reasoning of the judgment of the court of first instance citing the reasoning of the judgment of the court of first instance is reasonable, except for the following advanced portions, and thus, citing the reasoning of this judgment pursuant to the main sentence of Article

▣ 제1심판결문 인정사실 다.

In the end of the facts of recognition as follows: (a) add paragraph (1) to the following at the end of the facts of recognition; and (b) add the basis of recognition as follows: “The result of the fact inquiry of the first instance court against the Kode Global Incorporated Co., Ltd.: (a) add evidence Nos. 1 through 9; (b) Nos. 1 and 2; (c)

C. On December 13, 2013, Defendant A entered the instant vehicle into the Repair Enterprise (Sul Global, Co., Ltd.) on December 13, 2013 for the repair of the instant vehicle (type BMW 530i), and on December 17, 2013, Defendant A demanded the Plaintiff to take measures after confirming that the instant vehicle was not an insurance receipt related to the instant accident by content-certified mail.

On the other hand, the repair company commenced the repair on December 31, 2013, which was after the Defendant A completed consultation with F in charge of the Plaintiff on the repair method and the scope of repair, and completed the repair on January 17, 2014, and the Defendant A released the instant vehicle on January 27, 2014.

F. The court appraiser G presented the appraisal opinion that the period of the vehicle of this case is estimated to be less than 10 days, and that the vehicle of this case is 350,000 won per day, while the part is equipped with the part, and that the vehicle of this case is 350,000 won per day. On the other hand, there is no dispute between the plaintiff and the defendant A that the vehicle of this case is 350,000 won per day (including value added tax).

▣ 제1심판결문 제4쪽

2. The parties’ arguments.

The part of the subsection shall be described as follows:

A. The Plaintiff pays rent for a reasonable period of time that is objectively determined according to the actual repair condition. According to the above appraisal opinion, the pertinent repair period for the instant vehicle is four days, and the Plaintiff must pay to the Defendants.