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(영문) 광주지방법원 2015.06.18 2014가단507230
채무부존재확인
Text

1. The plaintiff's lawsuit against the defendant shall be dismissed.

2.(a)

The plaintiff is an independent party intervenor in 10,105,290 won and this.

Reasons

The main lawsuit and the part participating shall be considered together.

Facts of recognition

On July 2013, the Plaintiff made the Defendant as the insured, and entered into a comprehensive motor vehicle insurance contract (including substitute compensation) with the Defendant as the insured, and with CMW Meba (hereinafter “the instant Oba”), and with the period fixed from July 15, 2013 to July 15, 2014.

The intervenor, at around 12:00 on February 9, 2014, around 12:00, is a man of the E-owned D, which was under the stop, and the driver of the land at the time of the stop.

F. hereinafter referred to as “damage Oral part”

2) On the part of the lower court, the lower court erred by misapprehending the legal principles on the part of the lower court, thereby adversely affecting the conclusion of the judgment.

(2) On November 2, 2014, the part damaged by the accident of this case is as indicated in the attached Table, and the repair cost is a total of KRW 9,585,290, and the period ordinarily required to accept it is two days, and the rent per day on the part of the Oral Part of the model, such as the damaged Oral Part, is KRW 2,60,000. On November 2, 2014, the Defendant transferred the Intervenor’s liability insurance claim against the Plaintiff due to the accident of this case, and notified the Plaintiff of the assignment of the claim. 【The Plaintiff without any grounds for recognition. 【The Plaintiff did not have any grounds for recognition, the entry in the attached Table, the appraiser G’s appraisal result, the fact-finding results on the Plaintiff’s claim against the Defendant of this case, and whether the lawsuit against the Defendant is legitimate or not.

The plaintiff seeks confirmation of the non-existence of the liability insurance claim as to the accident of this case by the lawsuit of this case against the defendant as the insured party.

However, in a lawsuit for confirmation, there is a benefit of confirmation as a requirement for the protection of rights, and the benefit of confirmation is against the defendant who is in danger of present in the plaintiff's rights or legal status, and removing the apprehension and risk.

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