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(영문) 인천지방법원 2015.06.12 2013가단223591
채무부존재확인
Text

1. The Plaintiff’s obligation to pay insurance money to the Defendant regarding each vehicle listed in the separate sheet No. 1 shall be KRW 27,524,200.

Reasons

1. Basic facts

A. The Plaintiff is an insurer who has concluded an automobile insurance contract with respect to each vehicle listed in the separate sheet No. 1 (hereinafter “each of the instant vehicles”), and the Defendant is a company running the automobile maintenance business, etc.

B. In accordance with Article 13-2(1) of the former Guarantee of Automobile Accident Compensation Act (wholly amended by Act No. 9065 of Mar. 28, 2008), the Minister of Construction and Transportation, based on the results of entrusting the research and study of automobile maintenance fees to the research service community comprised of three research institutes of the Korea Industrial Relations Institute, the Korea Insurance and Technology Institute affiliated with the Korea Insurance Development Institute, and the Korea Automobile Management and Technology Institute, and the Korean Institute of Automobile Maintenance and Technology, published the term “hour maintenance service hours table” as appropriate in June 17, 2005, and “long-time exchange service hours table” (including hours) and “long-time service hours table (including hours)” (Article 2005-191 of the Public Notice of the Ministry of Construction and Transportation as of June 17, 2005).

C. On the other hand, on July 3, 2008, the Plaintiff entered into a contract with the Defendant on the insurance maintenance cost that sets forth the applicable standards for the repair of a motor vehicle upon receiving a request for repair from the owner of the motor vehicle in which the Defendant entered into an insurance contract with the Plaintiff. The main contents of the contract are as follows.

Article 4 【Contract Term】

1. This Agreement shall be for a period of one year from the date of the contract.

However, if there is no special declaration between them 30 days before the expiration of the contract term, the contract shall be deemed to have been concluded again under the same conditions as the contract.

2.This Agreement shall apply from the commencement of repair on the day following the date of the contract.

Article 5 [Standards for Application of Insurance Maintenance Fees] The plaintiff and the defendant shall apply the insurance Maintenance fees as follows:

2. Work hours out of the insurance readjustments shall be subject to the “Standard Work Hours Table for Def exchange and exchange” published by the Ministry of Construction and Transportation.

Provided, That the maintenance items not specified in the "standard work hour table" shall be applied in consultation with each other.

4. Standard work hours table and painting rates publicly announced by the Ministry of Construction and Transportation.

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