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(영문) 창원지방법원진주지원 2016.09.29 2014가단35460
채무부존재확인
Text

1. The Plaintiff’s obligation to pay repair costs and rent for the Defendant does not exist in excess of KRW 7,902,852.

Reasons

Basic Facts

The Plaintiff is an insurer who entered into an automobile insurance contract with B and C (hereinafter referred to as “second-party vehicle”) with the insurance period from April 14, 2013 to April 14, 2014.

D CB lending and borrowing fee payment criteria are the borrower of the A salary class III dump truck (hereinafter referred to as the "Defendant vehicle").

On January 20, 2014, around 08:57, Jinju-si, caused an accident where the Defendant vehicle gets off on the road surface due to the eurging of the road surface, and the Defendant vehicle gets off on the side of the protective wall (hereinafter “instant primary accident”).

Part 2 Vehicles (Insurance Vehicles) shall follow the Defendant’s vehicle.

The left side of the Defendant’s vehicle and loaded parts of the Defendant’s vehicle, and the 3 and 4 vehicles followed by the vehicle, which shocked the rear part of the Defendant’s vehicle.

(hereinafter referred to as "the second accident of this case". The chief, the driver's seat, the front part of the vehicle, the loaded part, etc. of the Defendant's vehicle were damaged due to the accident of this case 1 and 2.

[Based on the fact that there is no dispute, Gap's evidence Nos. 1 through 4 (including paper numbers; hereinafter the same shall apply), Eul's evidence Nos. 1, 6, 7, and 8, and the purport of the entire pleadings, the second accident of this case occurred prior to the occurrence of the liability for damages of the defendant's vehicle as a whole, since the driver of the second, 3, and 4 of the second accident of this case is under the surface at the time of the accident, the driver of the second vehicle of this case is at the time of the accident, so the speed is reduced, the sufficient safety distance is secured, and the second vehicle of this case, the plaintiff, the insurer of the second vehicle of the second vehicle of this case, and the driver of the third, and the fourth vehicle of the second vehicle of this case,

The plaintiff asserted that the scope of compensation is the parties concerned: the plaintiff was requested by the outside repair company F and G second forces to estimate the appropriate repair cost of the defendant's vehicle. The reasonable repair cost of the defendant's vehicle is 883,380 won, the average of the repair cost of the defendant's vehicle delivered by the above company.

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