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(영문) 서울중앙지방법원 2020.10.12 2018가단5088742
채무부존재확인
Text

Attached Form

With respect to traffic accidents entered in the list, the plaintiff's obligation to pay repair costs to the defendant 41,849 won.

Reasons

1. Basic facts

A. The Plaintiff is an insurer who has concluded a comprehensive automobile insurance contract with respect to D low-priced car (hereinafter “Plaintiff-car”), and the Defendant is running the automobile maintenance business.

B. On April 8, 2018, as indicated in the attached list, the Plaintiff’s vehicle caused a shock of the front part of the FN car owned by E (hereinafter “instant vehicle”).

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

1) Around the date of the instant accident, E entered the instant vehicle into the Defendant, and the Defendant completed repair. 2) Under the premise that the Defendant received insurance claims against the Plaintiff from E, the Defendant filed a claim for total repair cost of KRW 751,409 (including value-added tax) calculated with the same content as the attached Table 1, and applied the Plaintiff to KRW 60,600 in the case of an unclaimed exchange and repair work for time, and KRW 46,100 in the case of painting work.

On April 23, 2018, the Plaintiff is entitled to pay only the total repair cost of KRW 223,474 (including value-added tax) in accordance with the same estimate as attached Table 2 attached hereto, which is calculated by denying that the Defendant’s insurance claim against the Plaintiff was acquired by the Plaintiff from E on April 23, 2018 and applying the same amount to KRW 28,00,000, to the time for de-delivery, repair and painting work.

E.1) On June 19, 2010, the Minister of Land, Transport and Maritime Affairs officially announced the adequate maintenance fee of automobile insurance (i.e., for a time) as KRW 21,553 or KRW 24,252 investigated and investigated to prevent disputes over maintenance charges between an insurance company, etc. and a maintenance business operator pursuant to Article 16 of the former Guarantee of Automobile Accident Compensation Act (amended by Act No. 11690, Mar. 23, 2013) (No. 2010-560, hereinafter “public announcement fee for year 2010”).

(2) On June 29, 2018, the Minister of Land, Infrastructure and Transport publicly announced that it was a part-time official (25,383 through 34,385) to the same purport.

2.2

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