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(영문) 대구지방법원안동지원 2015.08.11 2014가단22178
채무부존재확인
Text

1. B On September 15, 2014, at the gas station located in Ansan-si C, a car owned by the Defendant by driving a vehicle E around 10:59 at the gas station located in Ansan-si C.

Reasons

1. Facts of recognition;

A. B, around 10:59 on September 15, 2014, when operating a set of 11-ray 11 car owned by F (hereinafter “Plaintiff-type car”) and having entered the automobile set up in D gas stations located in Ansan-dong C (hereinafter “instant gas station”) at the time when the Defendant operated, the vehicle set up in D gas stations (hereinafter “the instant gas station”) and the said set of the said set of vehicles (hereinafter “instant car accident”). On the other hand, B left the Plaintiff’s vehicle by negligence and shocked the instant set of vehicles (hereinafter “instant accident”).

B. On September 23, 2014, the Defendant: (a) requested repair of the instant tea to G, a repairer; (b) repair of the instant tea; and (c) repair of G, such as replacement of a food roller, bucker, bucker, and rail pipe; (d) handed over the instant tea to the Defendant around October 2, 2014; and (c) on May 8, 2015, paid KRW 40,151,430 to the instant tea repair cost by the Defendant.

C. The Plaintiff is an insurer who entered into an insurance contract with F for an operational accident involving the Plaintiff’s vehicle.

[Ground of recognition] Facts without dispute, Eul evidence Nos. 2, evidence Nos. 4-1 through 16, evidence Nos. 7-1, 2-2 and the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion that the instant accident was extremely insignificant but excessive repair costs were calculated. This is based on a written estimate unilaterally prepared by the Dongyang Electrical Co., Ltd. (hereinafter “Dongyang Electrical Co., Ltd.”) which repairs the Sewol ferry (hereinafter “Dongyang Electrical Co., Ltd.”). As such, it is unnecessary for the said company to excessively calculate the unit price of parts without any grounds, the Plaintiff is not obliged to pay insurance proceeds exceeding KRW 6,80,000, an appropriate repair cost.

B. Determination 1) In full view of the following: (a) the occurrence of repair expenses incurred; (b) the evidence Nos. 4-1 to 16, 9; (c) the evidence Nos. 12-1, 2, 13-1, 2, and 17-2; and (c) the overall purport of the pleadings in the video, the instant car can be kept in a neutral state to drive the vehicle.

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