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(영문) 대전지방법원 2016.12.01 2016가단205578
채무부존재확인
Text

1. The Plaintiff’s liability for damages against the Defendant in relation to an accident described in the separate sheet is KRW 3,707,00.

Reasons

Basic Facts

A. On October 26, 2015, the Plaintiff is an insurer who entered into an automobile insurance contract with B and CM5 vehicles (hereinafter “Plaintiff vehicles”).

B. Around 18:17 on December 19, 2015, D opened a rear door on the left side of the Plaintiff’s vehicle at the Gyeongnam-dong apartment parking lot located in Yongsan-dong, Seosung-gu, Daejeon, Daejeon, and caused an accident (it refers to an accident listed in the attached Table; hereinafter “instant accident”).

C. On December 21, 2015, the Defendant entered the Defendant’s vehicle in the Aardi maintenance business entity located in Seoul, which is operated by the Jinmanmos Co., Ltd. (hereinafter “Seoul”), in order to repair the Defendant’s vehicle, and the said maintenance business entity commences repair from that time and completed repair on December 23, 2015.

After that, the Defendant’s vehicle entered F, a maintenance business entity located in Daejeon, for the sake of free hosting construction, and the said maintenance business entity started to repair from that time, and completed the repair on December 28, 2015.

[Ground of recognition] In light of the facts without dispute, Gap evidence Nos. 1 through 3, 12, Eul evidence Nos. 1 and 4, and the facts of recognition of the above liability for damages as a whole, since the driver of the plaintiff's vehicle caused the accident of this case while driving the plaintiff's vehicle with due diligence and causing damage to the defendant's vehicle, the plaintiff, the insurer of the plaintiff's vehicle, is liable for damages suffered by the defendant due to the accident of this case, unless there are other special circumstances.

(A) There is no dispute between the parties as to the scope of compensation for damages. It is sufficient for the parties to repair the Defendant’s vehicle damaged by the instant accident, and there is a maintenance business entity that repairs the Defendant vehicle in the Daejeon area. As such, the amount of ordinary damages suffered by the Defendant due to the instant accident = KRW 632,600 = Bows.

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