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(영문) 인천지방법원 2018.02.13 2015가단40936
용역대금
Text

1. The Defendant shall enter each of the amounts stated in the “paid amount” column in the attached list to the Plaintiff as well as the amount thereof from November 14, 2017.

Reasons

1. Basic facts

A. The Plaintiff is a company operating automobile maintenance business with a place of business in Seo-gu Incheon, and the Defendant is an insurer running automobile insurance business in accordance with the Insurance Business Act and relevant statutes.

B. The Plaintiff is entrusted with the repair of the insured vehicle damaged by the driver’s negligence from the insured who entered into an insurance contract with the Defendant, or requested the owner of the insured vehicle or the insured to repair the vehicle damaged by the traffic accident from the owner of the insured vehicle or the driver’s negligence, and the Plaintiff received the repair of each vehicle indicated in the “vehicle Number” column in the attached Table from January 12, 2015 to March 24, 2016 (hereinafter “domestic vehicle” in the attached Table 1; “the instant external vehicle” in the attached Table 2; “the instant external vehicle” in the attached Table 2; each of the above vehicles is referred to as “each of the instant vehicles”; and the Plaintiff received the repair cost from the Defendant on its own claim for the repair cost, and received the payment from the Defendant on August 14, 2017 each of the repair cost indicated in the “actual Payment column” column in the attached Table No. 4301, and the amount recognized by the Plaintiff from Defendant 280,528.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 241 through 427, 430, 433 (including each number; hereinafter the same shall apply), Eul evidence Nos. 13 and 14, the purport of the whole pleadings

2. The parties' assertion

A. In light of the wage increase in KRW 21,553-24,252 each year and the rate of price increase published each year by the Minister of Land, Transport and Maritime Affairs on June 29, 2010, the repair cost calculated by applying the Defendant’s contribution to KRW 25,000 per hour cannot be deemed a reasonable maintenance fee.

With respect to the domestic vehicles of this case, the attachment and seal of the local vehicles of this case shall be official per hour.

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