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(영문) 대구지방법원경주지원 2014.11.14 2014가합2105
채무부존재확인
Text

1. On February 24, 201, at around 11:00, the vehicle B was destroyed by a vehicle A in front of the Ansan-si, the Anngcheon-si, the Anngnam-si.

Reasons

1. The following facts may be found either in dispute between the parties or in full view of the respective entries in Gap evidence 1 to 6, Eul evidence 1, 3, 4, and 5 (including paper numbers) and the whole purport of the pleadings:

The plaintiff is a corporation that operates mutual aid services in accordance with the Passenger Transport Service Act.

The Plaintiff entered into a mutual aid agreement that covers the personal damage compensation I, II, the personal damage compensation, the personal damage compensation, the self-compensation, and the non-insurance damage in the event that C bears the liability for damages caused by the operation of a vehicle A owned by C.

B. At around 11:00 on February 24, 201, C: (a) was parked at the left-hand turn in the direction of a wedding hall in the Ansan River market and was parked in the BMF car (hereinafter “accident vehicle”) at around 11:0, 201.

(hereinafter “instant accident”). An agreement was reached between the Plaintiff and the insurer of the instant accident with 90% of the fault of C in the instant accident and 10% of the fault on the side of B vehicle.

C. When the rear pans of the vehicle involved in the accident in this case were destroyed and the operation of the vehicle becomes difficult due to the destruction, D, the owner of the vehicle involved in the accident, leased ENAS30 vehicles from the Defendant for 30 days from February 24, 2011 to March 26, 2011, and D transferred to the Defendant the claim for damages equivalent to the rent of the vehicle in this case against the Plaintiff.

2. The parties' assertion

A. Although the repair period of the vehicle involved in the accident in this case was sufficient to cover two days, D owner of the vehicle involved in the accident was removed from the vehicle involved in the accident and delayed the repair on the ground that there was no part in Korea, for 30 days from February 24, 2011 to March 26, 201, the car rental fee came to reach KRW 7,45,000.

Therefore, the part of the above money exceeding the amount of the rent for two days is a special damage, and C is a delay in the procurement period of parts of the vehicle involved in the accident.

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