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(영문) 부산지방법원 2016.07.12 2015가단213977

채무부존재확인

Text

1. With respect to the lease of the Defendant’s M&A vehicle to the Defendant, the Plaintiff’s obligation to pay the rent to the Defendant is 1.

Reasons

1. Facts of recognition;

A. On April 2, 2015, at around 19:30 on April 2, 2015, C: (a) turned back the freight vehicle from the Daman-gu Busan Metropolitan City (hereinafter “Plaintiff”) and entered the road; and (b) caused the front part of the FMW 740Li vehicle (hereinafter “victim”) owned by A, which was parked on the said road due to negligence not examining the direction of the proceeding, to the rear part of the Plaintiff’s vehicle.

(hereinafter “instant accident”). (b)

A, which is recognized as a reasonable repair period for damaged vehicles, leased B Eas vehicles (hereinafter “the instant siren”) from the Defendant, a vehicle leasing business entity, for five days from April 2, 2015 to July of the same month.

C. Upon delegation of A’s right to claim and receive loan costs, the Defendant claimed KRW 3,780,00 (=1,200,000 per day + 5 days x (100% - 30%) x (100% of discount rates - 10% of negligence rate of A) to the Plaintiff.

The plaintiff is an insurer who has concluded an automobile insurance contract with respect to the plaintiff vehicle.

E. Meanwhile, the terms and conditions of automobile insurance (hereinafter “standard terms and conditions”) related to loans are as follows.

3. Loan charges;

(a) Where it is necessary to use the relevant idle motor vehicle (including construction machinery) on behalf of another motor vehicle for the period during which it cannot be operated because it is destroyed or damaged;

B. In the case of lending and borrowing (a) in the case of a type of motor vehicle that can be used as a substitute for a leased motor vehicle, the "ordinary fee" required to borrow the same kind of leased motor vehicle as at the time of leasing the motor vehicle: Provided, That an insurance company may directly provide the same kind of motor vehicle at the victim's option, and the "ordinary fee" refers to a reasonable market price required for consumers to borrow a motor vehicle from a rent-a-car company in the motor vehicle rental market.