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(영문) 서울중앙지방법원 2015.06.18 2015가단5006299

채무부존재확인

Text

1. The plaintiff's defendants based on the comprehensive automobile insurance contract stated in the attached Form in relation to the traffic accident stated in the attached Form.

Reasons

1. Basic facts

A. B, at around 09:01 on October 16, 201, while driving a DW Z4 car quantity in the underground parking lot of the building in the Mangyang-gu Seoul Metropolitan City (hereinafter “AW 1”) on a day off October 16, 2014, caused a traffic accident described in the attached Form between the EMW Z4 car quantity (hereinafter “AW 1”) and the EM 4 car quantity.

(hereinafter “instant accident”). (b)

The Plaintiff is an insurer who entered into an automobile insurance contract in the attached Form (hereinafter “instant insurance contract”) with F, who is the spouse of B, and Defendant B-B B-B-B-PP Korea Co., Ltd. entered into a lease contract with the Defendant on the damaged vehicle as the owner of the damaged vehicle.

C. Defendant A: (a) entrusted the repair of damaged vehicles to G located in Sinpo City G; (b) leased vehicles from Enpo City Co., Ltd. to November 15 of the same year from October 16, 2014 to Enpo City, to Enpo City, Enpo, Enni, etc.

On the other hand, vehicle rental expenses due to the instant accident are KRW 350,000 per day.

(C) / [In the absence of dispute] The fact that there is no dispute, Gap evidence 1 through 3, evidence 7 through 9, Eul evidence 1 through 3-4, and the purport of the whole pleadings and arguments.

2. The assertion and judgment

A. Under the insurance terms and conditions of the insurance contract of the Plaintiff 1, the parties asserted in the instant case, where it is necessary to use a motor vehicle on behalf of another motor vehicle during the period when the motor vehicle is destroyed or damaged and is not in operation, the necessary cost is paid. The term “necessary cost” refers to the ordinary repair period required by social norms for reinstatement and the cost of lending and lending.

The damaged part of the damaged vehicle due to the accident in this case shall be able to restore and repair the damaged vehicle normally due to the minor degree of damage to the front and right horizontal lamps, and the normal repair period required to restore and repair the damaged vehicle is 2 days.