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(영문) 부산지방법원동부지원 2016.04.08 2015가합102230
채무부존재확인
Text

1. As to the accidents listed in the attached Form 2, the plaintiff is against the defendant based on the insurance contract listed in the attached Form 1.

Reasons

1. Basic facts

A. As to B and C vehicles, the Plaintiff is an insurer that entered into an automobile insurance contract in attached Form 1 with the insurance period from July 30, 2014 to July 30, 2015.

B. B around 09:45 on March 17, 2015, while driving a vehicle C (hereinafter “victim”) at the 2nd parking lot in Busan Metropolitan City, Busan Metropolitan City, Daegu Metropolitan Government, caused an accident (hereinafter “instant accident”) against D vehicles owned by the Defendant (hereinafter “victim”) stopped while driving the vehicle at the 2nd parking lot.

C. From March 17, 2015 to March 19, 2015, the Defendant accepted the front part, front part, front part, and hedge lamps of the damaged vehicle damaged by the FF Motor Vehicle Maintenance Industry Co., Ltd. located in Busan, Daegu, Busan, and the repair cost of KRW 1,035,100 (i.e., public rental cost of KRW 693,000). The repair cost of KRW 400,000 is the repair cost of KRW 40,00.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, video of Gap evidence 6, purport of whole pleadings

2. Summary of the parties' arguments

A. The accident of this case caused damage to the front gate, front gate, and hedge lamps of the damaged vehicle, and there was no damage to the transition part.

Therefore, the Plaintiff’s obligation to pay insurance money to the Defendant is merely KRW 1,435,100,000, including the repair cost for the above damaged part, and the loan fee of KRW 400,00 during the repair period.

However, the Defendant asserts that the part of the speed of the damaged vehicle was damaged due to the instant accident, and sought repair costs and loan charges therefor. Therefore, the Plaintiff seeks confirmation of the existence of the obligation of this case against the Defendant.

B. The accident of this case caused damage not only to the front gateer, front gateer, and hedge lamps, but also to the part of the change speed.

Therefore, the plaintiff is in addition to the payment obligation of insurance money equivalent to the fronter, fronter, hedge lamps part repair cost, and the amount equivalent to the rental fee, and the amount equivalent to the changed flag repair cost and the rental fee during the repair period.

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