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(영문) 서울중앙지방법원 2014.05.21 2011가단43912
채무부존재확인
Text

1. The Plaintiff’s liability for damages against the Defendant regarding the incident on the attached list shall not exceed KRW 4,859,655.

Reasons

1. Basic facts

A. The Plaintiff is an insurer who entered into a comprehensive insurance contract with Nonparty A with respect to B new MF3 vehicles owned by Nonparty A (hereinafter “Plaintiff vehicle”).

B. On September 8, 2010, C, the spouse of A, driving the Plaintiff’s vehicle in the vicinity of the Bupyeong-gu Incheon Metropolitan City Bupyeong-dong Zone, was in conflict with D’s E E E (hereinafter “Defendant’s vehicle”) owned by A, which was proceeding to the rear the Plaintiff’s vehicle, while driving the Plaintiff vehicle in the vicinity of the Bupyeong-gu Incheon Metropolitan City Bupyeong-dong Zone, and subsequently was pushed back, while the start-up of the Plaintiff’s vehicle. (hereinafter “instant insurance accident”), and the Defendant completed repair of the Plaintiff’s vehicle at D’s request.

C. The Defendant claimed KRW 6,854,652 (including value-added tax) against the Plaintiff, who is the insurer of the Plaintiff’s vehicle, but the Plaintiff was in excess of the above repair charges and refused payment thereof.

On the other hand, on June 19, 2010, the Minister of Land, Transport and Maritime Affairs published the adequate maintenance charges of automobile insurance (per hour) from KRW 21,553 to KRW 24,252 to prevent disputes over maintenance charges between insurance companies, etc. and maintenance business operators pursuant to Article 16 of the Guarantee of Automobile Accident Compensation Act.

‘Public Notice in 2010' is called ‘Public Notice in 2010'.

(ii) [Grounds for recognition] unsatisfy, Gap 1-3, 6-9 evidence (each entry, including each number, and the purport of the whole pleadings)

2. The parties' assertion

A. Plaintiff’s assertion (i.e., part-time: 24,252 Sheet work hours: 17.7 hours calculated according to the Aarex Program, 17.7 hours, calculated pursuant to the Aarex Program, and 2,529,645 won and design equipment: 306,153 value-added tax: 10%;

B. The Defendant’s assertion (i.e., part-time official appointment): Public notice in 2010 is given to domestic vehicles, and may be applied to external vehicles such as Defendant vehicles.

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