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(영문) 수원지방법원 2017.12.15 2017나65241
채무부존재확인
Text

1. The judgment of the court of first instance is modified as follows.

On May 13, 2016, 18:31, Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-do.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. The Plaintiff is an insurer who entered into an automobile insurance contract with C, the owner of B (hereinafter referred to as “B”), and the Defendant is the owner of Denz C-Csss Vehicle (hereinafter “victim”).

B. At around 18:35 on May 13, 2016, C estimated three previous vehicles due to negligence that did not secure safety distance in the vicinity of the gamban Highway located in the middle-to-sea area of the Chungcheongbuk-si.

(hereinafter referred to as “the instant accident”). The damaged vehicle was damaged by the front part of the damaged vehicle with the second vehicle, the Radi, the left-hand lux, the left-hand lux lamps and the main part, fences, and the rear part. D. The Plaintiff’s “loan fee” in the leased part of Article 26 of the General Terms and Conditions for Personal Vehicle Insurance for the reason that the automobile needs to be used on behalf of another vehicle during the period when the automobile is damaged or damaged for non-business operation, and (1) the leased vehicle is required to pay “the ordinary fee required for borrowing the same kind of leased vehicle” in the case of borrowing and lending, and (2) the amount equivalent to 30% of the ordinary fee required at the time of leasing the relevant vehicle if the vehicle is not leased.

E. At the time of the instant accident, the Defendant spent KRW 146,00,000, while towing the damaged vehicle at the time, at the location of the accident.

F. On May 13, 2016, the Defendant entered damaged vehicles into the White Service Center for Hansung Motor Vehicles on the same day.

The defendant asked the plaintiff whether the plaintiff can purchase the damaged vehicle in the form of purchasing it in the form of the plaintiff because the damaged vehicle is not less than one year and ten months after delivery, and used the same kind of vehicle for six days from May 15, 2016 to 21 of the same month without repair, waiting for the plaintiff's answer. The defendant lent the same kind of vehicle from May 15, 2016 to 1,838,400 = daily fee of 383,00 won.

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