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(영문) 서울중앙지방법원 2017.01.17 2016가단5010387

채무부존재확인

Text

1. On June 24, 2016 to January 17, 2017, the Plaintiff (Counterclaim Defendant) paid KRW 3,006,00 to the Defendant (Counterclaim Plaintiff) and its related amount.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On August 21, 2015, the relevant Plaintiff entered into a motor vehicle mutual aid agreement (hereinafter “instant mutual aid agreement”) with D, setting the period of mutual aid as one year from the date of the contract regarding the Plaintiff’s private taxi (hereinafter “Plaintiff’s vehicle”).

C A vehicle for Egypt No. 911 Egypt (hereinafter “Defendant vehicle”) owned by Egyptian Korea Co., Ltd., and the Defendant used the above Defendant vehicle from Egyptian Korea.

B. (1) The date and time of the occurrence of the accident: around 23:44 on December 24, 2015: A place where an accident occurred: (2): Gangnam-gu Seoul Metropolitan Government Seo-dong, the background leading up to the accident D (3) is waiting to pass by the intersection, which is the place where the accident occurred, while driving the Plaintiff’s vehicle, to pass by the intersection, which is the place where the accident occurred, and attempted to pass by the Defendant’s vehicle, which is the place where the accident occurred.

D confirmed that the numberless vehicle passes through the intersection from the left side of the course of the Plaintiff’s vehicle to the right side, and avoided this, and shocked into the front door of the Plaintiff’s vehicle and the front door before the left side of the Defendant’s vehicle.

(hereinafter referred to as “instant accident”) C.

On December 28, 2015, the following day after the instant accident, the Defendant entered the Defendant’s vehicle into the Mazar Service Center located in the Daegu Sinsi-si (Tgu).

In light of the damaged parts of the Defendant’s vehicle, the person in charge of the above service center provided the Defendant with a seal that can be repaired only, a replacement is possible, and the Defendant selected the replacement repair.

However, in Korea, there was no inventory of parts necessary for the repair of the defendant's vehicle, and there was no need to order parts in Germany.

Accordingly, the defendant, from December 29, 2015 to January 30, 2016, is the period during which the defendant's vehicle is repaired, shall make a siren from the Esene Co., Ltd.