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(영문) 대구지방법원 2016.12.20 2016가단27891
채무부존재확인
Text

1. Around 20:00 on April 14, 2016, Nonparty D was driving his/her E vehicle while driving his/her vehicle in the vicinity of the Daegu Suwon-gu C.

Reasons

1. Facts of recognition;

A. A. On May 2015, the Plaintiff concluded a comprehensive insurance contract with Nonparty D and E (hereinafter “instant vehicles”) with respect to the operation of the instant vehicles during the insurance period from May 9, 2015 to May 9, 2016.

B. D, around 20:00 on April 14, 2016, when driving the foregoing sea vehicle in the vicinity of the Daegu Suwon-gu C and changing the said sea vehicle from the first line to the second line, he again changed the vehicle to the third line while driving the second line, resulting in an accident involving the part of the back of the driver’s seat of the FID vehicle owned by the Defendant (hereinafter “victim”) driving the third line.

C. The Defendant, while repairing the damaged vehicle, operated a siren on behalf of the damaged vehicle during the repairing period, and the siren cost reaches KRW 6,468,000 for 12 days in total.

However, the period of time normally required to repair the damaged vehicle is less than 2-3 days.

[Ground for Recognition: Unsatisfy, Gap evidence 1, 2 and 3 (including branch numbers)

(2) each entry, video, and the purport of the entire pleading

2. The parties' assertion

A. The defendant, the injured party, needs to make efforts to prevent or mitigate the expansion of damage in that it is the principle of good faith or fairness of the burden of damage. Although the defendant suffered only the minor damage of the injured vehicle, not to operate, but to the extent that the injured vehicle suffered from the minor damage, it has been entrusted with repair for an excessive period of time. The defendant's damage caused by the use of the siren shall be limited to 650,000 won, which is a reasonable period for repairing the damaged vehicle, and there is no damage exceeding the above limit.

B. A lending is made during the normal repair of the defendant, and the lending is ordinarily incurred during the repair period, and the plaintiff must pay the defendant the rental fee during the repair period.

3. Determination

A. Relevant legal principles.

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