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(영문) 광주지방법원 2019.12.11 2017가단532145

채무부존재확인

Text

1. Regarding the accident recorded in the attached list, 533,400 won shall be the plaintiff's obligation to pay damages to the defendant.

Reasons

1. Facts without dispute;

A. The Plaintiff is an insurer who has concluded an automobile insurance contract with E and F vehicles (hereinafter “Plaintiff vehicle”) as the insured.

B. On October 10, 2016, at around 19:10, in the vicinity of the H Hospital located in the Seo-gu in Gwangju Metropolitan City, E was involved in an accident involving the driver’s seat prior to the driver’s seat of the International J300C vehicle owned by the Defendant, which was parked there, while driving the Plaintiff’s vehicle in the vicinity of the H Hospital located in the Seo-gu in Gwangju Metropolitan City (hereinafter “Defendant vehicle”).

(hereinafter “instant accident”). C.

When Defendant’s vehicle was damaged due to the instant accident, the Defendant: (a) repaired the said vehicle; (b) lent the vehicle A7 vehicle during the repair period to the Plaintiff; and (c) claimed KRW 800,000 for the vehicle repair cost and KRW 2,550,00 for six-day rent; (b) however, the Plaintiff did not reach an agreement with the Plaintiff on the rent; (c) and (d) paid the Defendant KRW 800,000 for the vehicle repair cost and KRW 990,600 for the rent.

2. The defendant asserts that the defendant's assertion is that the defendant's vehicle is 300 C/C vehicles of JA which are imported vehicles and the daily rent of the imported vehicle of this grade is 425,000 won, so the plaintiff should pay the defendant the rent of KRW 2,550,00 for six days (=425,000 / 6 days). The plaintiff asserts that the plaintiff should pay the unpaid rent of KRW 1,559,400 (=2,550,000 - 990,60).

In regard to this, the plaintiff asserts that, if the rental fee of the defendant vehicle and the 3000c vehicle with the same rank is KRW 254,000 per day, and the 65% of the ordinary discount rate is applied thereto, the rental fee for the six-day period is KRW 990,600 (=254,000 x 6 days x 65%) and thus, there is no amount to be paid to the defendant.

3. Where, for the reason that the victim cannot use his/her motor vehicle for a certain period due to the damage caused by an accident, the costs of borrowing and lending another motor vehicle of the same class or class for the same period is claimed as damages or insurance money to the perpetrator or insurer;