채무부존재확인
1. The Plaintiff’s obligation to compensate the Plaintiff for the vehicle rent based on an accident listed in the attached Table 1 list against the Defendants.
1. Facts of recognition;
A. On September 23, 2016, the Plaintiff’s Intervenor entered into an individual automobile comprehensive insurance contract with the Plaintiff as described in the attached Table 2.
B. On August 31, 2017, at around 06:36, the Plaintiff, as indicated in the separate sheet No. 1, 06:36, compared to the Defendant Company’s list, was engaged in the Defendant Future C&S (hereinafter “Defendant Company”) as an employee of the Defendant Company Future C&S Co., Ltd. (hereinafter “Defendant Company”), and was driving by the Defendant Company, as indicated in the separate sheet No. 1 (hereinafter “victimd Vehicle”). The Plaintiff concealed the back of the Defendant Company’s C&S car (hereinafter “victim
(hereinafter referred to as “instant accident”) C.
From September 8, 2017 to September 21, 2017, the Defendants asserted that they leased a vehicle for a period of 13 days, and claimed payment of KRW 1,947,400 to the Plaintiff.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 3, and the purport of the whole pleadings
2. The assertion and judgment
A. The Plaintiff’s assertion 1) The Plaintiff’s victimized vehicle is a trading object displayed for goods by the Defendant company engaging in the secondhand car sales business, which is unable to operate with a vehicle. Therefore, lending and borrowing based on the instant accident is not required. Even if lending and borrowing fees are acknowledged, even if the repair due to the instant accident is merely an exchange work for the backhander and does not exceed 2 days, the Defendants intentionally lent and lent for 13 days even though the repair period does not exceed 2 days. (ii) The Defendant Company purchased the damaged vehicle on August 30, 2017, and then operated the vehicle to sell the damaged vehicle by Defendant B.
The defendant company accepted it and decided to sell it to the buyer of the damaged vehicle, and borrowed it at the request of the buyer and made the buyer use of it.
On September 8, 2018, the procuring of parts was delayed, and the automobile repair began on September 8, 2018, and on September 21, 2017, the sales contract was reversed.
Therefore, the Plaintiff is due to the instant accident.