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(영문) 서울중앙지방법원 2018.01.19 2016가단48127
채무부존재확인
Text

1. The instant lawsuit shall be dismissed.

2. Of the costs of lawsuit, the part pertaining to the participation of the Plaintiff’s Intervenor is the Intervenor.

Reasons

1. Basic facts

A. The Plaintiff is the owner of C-Motor vehicle (hereinafter “Plaintiff-motor vehicle”), and Defendant B is the owner of D-motor vehicle (hereinafter “Defendant-motor vehicle”).

B. On November 26, 2015, around 08:00 on November 26, 2015, the Plaintiff shocked the front part of the Defendant’s vehicle that was parked while driving the Plaintiff’s vehicle at the Geumcheon-gu Seoul Metropolitan Government E Apartment Parking Lot.

(hereinafter referred to as “instant accident”). C.

With respect to the instant accident, the Defendant AB Co., Ltd. (hereinafter “Defendant Company”) received payment guarantee for the repair of the Plaintiff’s vehicle from the Intervenor, who is the insurer of the Plaintiff’s vehicle, and exchanged the driver of the Defendant vehicle. Thereafter, the Intervenor paid the Defendant Company KRW 3,296,700 for the repair cost of the Defendant vehicle, and KRW 3,600,000 for 24 days for the period during which the Defendant Company entered the Defendant Company’s factory.

[Ground of recognition] Facts without dispute, Gap evidence 1-1, 2-2, Eul's each entry in the evidence No. 1-1, and the purport of whole pleadings

2. The parties' assertion and judgment

A. In light of the Plaintiff’s assertion summary, the Defendant Company received an excessive repair cost of KRW 3,296,70 (3,296,700 (3,296,700 - reasonable repair cost of KRW 836,00) from the Intervenor, the Intervenor is liable to return the difference between the repair cost and the reasonable repair cost of KRW 2,460,70 (3,296,700) to the Intervenor. Defendant B was paid KRW 3,60,000 from the Intervenor, even though the period required for ordinary repair of the vehicle was three days. As such, the Intervenor was paid KRW 3,276,00 (3,60,000 - 3,000 - 108,000 x 33,00) from the Intervenor, the Intervenor is liable to return the difference between the reasonable repair cost of KRW 24 days.

Therefore, the Plaintiff sought confirmation that the Defendant Company has a duty to return KRW 2,460,70 to the Intervenor joining the Defendant Company, and KRW 3,276,000 to the Intervenor joining the Defendant Company.

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