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(영문) 인천지방법원 2017.10.17 2017가단200480
채무부존재확인
Text

1. around 09:00 on September 7, 2016, the ownership of C Private Tax and the Defendant-Counterclaim Plaintiff (Counterclaim Plaintiff) arising before the Nam-gu Incheon Metropolitan City.

Reasons

[The principal lawsuit and counterclaim shall be deemed to be combined]

1. Basic facts

A. The Plaintiff Union is a mutual aid business entity that entered into a mutual aid agreement with the owner E with respect to a private taxi (hereinafter “Plaintiff”) and the Defendant Company is the owner of the D Rescue Vehicle (hereinafter “Defendant Vehicle”).

B. At around 09:00 on September 7, 2016, E left the right to the left at the front intersection of B located in Nam-gu Incheon Metropolitan City, Nam-gu, and was going to the direction of B restaurant, E caused an accident where the front door of the left part of the Defendant’s vehicle, which was directly going to the direction of the center of the former 3-dong residents in the direction of the center in the Central Park direction, is shocked with the rear part of the Plaintiff’s vehicle (hereinafter “instant accident”).

【Ground for Recognition: Facts without dispute; Gap evidence 1, 2, 3-1, 2, Eul evidence 5, and 7; the purport of the whole pleadings and arguments】

2. The parties' assertion

A. Even though the repair cost recognized as damage in the event of a traffic accident is reasonable for the recovery to the original state immediately before the accident, the Defendant Company claims that the cost incurred in exchanging all the loading box of the Defendant Company as a new product is the cost.

Therefore, it is necessary to confirm that there is no obligation to compensate more than 2,732,80 won including 2,317,000 won and 4,15,800 won for a reasonable repair fee.

B. The summary of the cause of the counterclaim is that the Defendant vehicle is still still still out of the shipment, and due to its nature, high safety is required, it is necessary to repair the Defendant vehicle by exchanging all damaged parts.

Therefore, the Plaintiff Union is obligated to pay the Defendant Company KRW 10,30,000,00 in total, including KRW 7,000,000, and KRW 3,300,000, which are the loan expense for the 20-day repair period, due to the instant accident.

3. Determination

A. According to the above recognition of the occurrence of damages liability, E, the driver of the Plaintiff’s vehicle, is the Road Traffic Act.

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