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(영문) 의정부지방법원고양지원 2017.11.10 2017가단81737

채무부존재확인

Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The Plaintiff’s assertion is the insurer of C, who is the owner of B automobile.

On April 4, 2017, around 13:55, there was an accident of collision with an Oral Ba, which is moving away from the loaded goods from the cargo vehicle driven by C at the Seocheon-gu, Solar-gu, Solar-do. On April 4, 2017, it is sought to confirm that there is no obligation to pay for the portion exceeding 400,000 won of the repair cost.

2. The judgment of the defendant is only a repairer, but is not the owner.

In other words, it is the most effective way for the dispute resolution to seek confirmation of non-existence of the repair cost obligation against the owner of Obane.

(1) The lawsuit of this case filed against the Defendant, who is the repairer, does not have any effect on the owner of Oral Ba as a matter of course on the ground that the Plaintiff won the lawsuit against the Defendant. Therefore, the lawsuit of this case is unlawful and it is so decided as per Disposition.