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(영문) 인천지방법원 2016.04.26 2015가단245915

채무부존재확인

Text

1. The Plaintiff’s obligation to pay vehicle rental fees to the Defendant does not exist exceeding KRW 1,005,840.

Reasons

1. Basic facts

A. The Plaintiff is a person who runs a mutual aid business under Article 61 of the Passenger Transport Service Act and has entered into a motor vehicle mutual aid agreement (hereinafter “instant mutual aid agreement”) with respect to a vehicle A (hereinafter “instant bus”) for compensating a third party for damages incurred by an accident that occurred during the operation of the said bus due to the said bus’s accident, and the Defendant is a person who runs a motor vehicle leasing business, etc.

B. On June 15, 2015, around 17:55, a traffic accident occurred where the instant bus and B B rocketing car (hereinafter “victimd vehicle”) go against at the main place of the State Party in the Seo-gu Incheon National Institute of Environmental Research, Seo-gu, Incheon National Institute of Environmental Research.

(hereinafter “instant accident”). C.

Due to the instant accident, B lent D motor vehicles from the Defendant for about nine days from June 15, 2015 to June 24, 2015.

On June 25, 2015, the Defendant calculated the user fee for the vehicle during the above lease period as KRW 164,880 per day, and claimed the Plaintiff to pay KRW 1,483,920 ( KRW 164,880 x 9 days).

[Evidence Evidence: Facts without dispute, entry of Gap evidence 1, purport of whole pleadings]

2. Summary of the parties’ assertion

A. The amount of damages to be paid by the Plaintiff due to the instant accident is the “ordinary fee” required for the Plaintiff to borrow a motor vehicle of the same kind as the damaged motor vehicle according to the Plaintiff’s automobile insurance terms and conditions, which is the reasonable market price required for the Plaintiff to borrow a vehicle from a large rental enterprise with a nationwide business network, and is the amount of the general discount discounted by 30 to 40% from the reported value of the large rental enterprise, which is the ordinary rental fee for which the general public can use a vehicle from a large rental enterprise.

Therefore, the Plaintiff’s obligation to pay the vehicle rental fee to the Defendant is a daily fee of KRW 1,005,840, which is the average discount rate for three rocketing vehicles of large siren companies.