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(영문) 인천지방법원 2020.08.14 2019나59564
채무부존재확인
Text

1.The judgment of the first instance shall be modified as follows:

Attached Form

With respect to the accidents described in the list:

Reasons

1. Basic facts

A. The Plaintiff is the operator of the H station located in Seo-gu Daejeon Daejeon-gu, and the Defendant owned the vehicle number Jho-ho 2012 from November 1, 2016 to July 17, 2019 (hereinafter “instant vehicle”).

B. On July 25, 2017, the Defendant: (a) around 09:39, around the foregoing gas station, and around July 25, 2017, the Defendant: (b) caused an accident described in the attached Table, where gasoline mixed with water, which was mixed with a non-gas storage tank (hereinafter “instant accident”).

C. At around 17:00 on July 26, 2017, the Defendant entered the instant vehicle into the Daejeon Service Center operated by the I official seller FF corporation located in Taedong-gu M (hereinafter “F”).

On July 27, 2017, F estimated the repair cost of the instant vehicle to KRW 2,918,740 on the premise of the repair method for a partial exchange of fuel system components, and the Defendant requested F to withhold the work of loading to F.

E. On July 28, 2017, the Plaintiff received the instant accident from K Co., Ltd. (hereinafter “Insurance Company”) (hereinafter “Insurance Company”) that is one of its insurer for the indemnity insurance.

F. On July 28, 2017, the insurance company staff discussed the method of repairing the instant vehicle by telephone between N and F’s employees N and F’s employees C as indicated below.

The defendant requested the exchange of engines even after the repair of evidence 15:05 of the currency content evidence of the call call of the other party, while the defendant requested the exchange of engines, and the employee in charge of the insurance company stated that the exchange of engines can not immediately be exchanged and the inspection should be conducted step by step.

The evidence No. 5-C 115:19 C sent the situation of the instant vehicle to the person in charge of the insurance company and the situation in which the Defendant wants to guarantee after repair, and the person in charge of the insurance company gives an explanation of the guarantee procedure (in ordinary, up to 2 years or 40,00 km) after the repair, and is next to it.

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