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(영문) 인천지방법원 2015.09.22 2014가단252176
채무부존재확인
Text

1. The Plaintiff’s obligation to pay damages to the Defendant in relation to an accident recorded in the separate sheet is KRW 25,500,000.

Reasons

Basic Facts

The plaintiff is the insurer of the vehicle B.

Attached Form

A two-wheeled vehicle C owned by the Defendant was destroyed by the time and place of entry in the attached Form.

The part concerning the accident of this case among the terms and conditions of the plaintiff is as follows.

Standards for payment of substitute compensation: In case where the cost of repair exceeds the value of the damage immediately before the accident occurs, the amount equivalent to the value of the damage immediately before the accident occurs: Ordinary charges required for leasing the same kind of automobile only on the basis of the case of leasing the vehicle with respect to the model which can be substituted by the leased vehicle: Provided, That the insurance company may directly provide the same kind of automobile at the victim's option, and in case of the rare vehicle which can not be claimed for the same kind of automobile, the period for recognition of rent for borrowing and lending which can provide the same class of ordinary vehicle: the period until the repair is completed, if possible, shall

b. 10 days if it is impossible to repair a motor vehicle: In a case where the cost of repairing a motor vehicle due to an accident (limited to a motor vehicle not exceeding 2 years after the launch) exceeds 20% of the value of the motor vehicle immediately preceding the accident, 15% of the cost of repairing a motor vehicle within one year after the release shall be paid, and 10% of the cost of repairing a motor vehicle shall be paid for a motor vehicle exceeding one year or not more than two years from the release (applicable to recognition) after the release. There is no dispute, Gap 2 and 3 evidence, and the value of the motor vehicle claimed by the defendant as asserted by the parties to the whole purport of oral argument: The defendant has increased its value by altering part of the motor vehicle of this case.

Since the value of a vehicle must be 120% of the value of the vehicle immediately before the accident occurred, the value of the vehicle should be 25,200,000 won which is 120% of the value of the vehicle presented by the plaintiff.

Lending and borrowing fee: The defendant lent for 52 days a two-wheeled vehicle of the same kind as the vehicle in this case for hobby activities, and the loan cost is 340,000 won per day.

At least 30 days of borrowing and lending costs under the terms and conditions of the plaintiff = 10.2 million = 340,000.

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