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(영문) 수원지방법원안산지원 2016.06.10 2014가단117045
채무부존재확인
Text

1. The Plaintiff (Counterclaim Defendant) paid KRW 7,481,984 to the Defendant (Counterclaim Plaintiff) and the Plaintiff’s payment from January 14, 2014 to June 10, 2016.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. The Plaintiff is a company running insurance business, etc., and Defendant A is a person who operates a mutual gas station in the name of “E gas station” located in Pyeongtaek-si D.

B. On June 17, 2014, the Plaintiff and the Defendant concluded the “instant insurance contract” (hereinafter “instant insurance contract”) with the content of the Defendant’s liability to compensate for gas stations related to gas stations operated by the Defendant.

C. On June 19, 2014, around 21:28, Defendant B driven a FMW 735i vehicle owned by Defendant C (hereinafter “instant vehicle”) and demanded gasoline gas to employees G of the gas station. However, G used the instant vehicle differently from Defendant B’s request.

(hereinafter “instant mixed high school”). D.

After the completion of the main oil, Defendant B her walked the starting of the instant vehicle, and she slickly confirmed whether he/she had a gasoline limited liability. Defendant B her was punished by G and vagabonds for a period of time while leaving the instant vehicle at the time.

While Defendant B and G have been punished for vagabonds, a large quantity of smoke has occurred on the instant vehicle, and the vehicle operation was suspended.

E. The Plaintiff paid KRW 1,831,00 of the repair cost to the Han-gu Co., Ltd. in charge of the repair of the instant vehicle in relation to the instant mixed car, and paid KRW 5,154,00 of the rental fee for the rental fee for the rental vehicle used by the Defendant B during the repair period to the Kitren Co., Ltd.

F. On October 17, 2014, Defendant A paid KRW 15,000,000 to Defendant C as the compensation for damages caused by the instant mixed high school.

In addition, on November 8, 2014, Defendant A agreed with Defendant B and C on KRW 20,000 including KRW 15,000,000, which was already paid as above, as to the amount of damages caused by the instant mixed high school.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 7, 8, Eul evidence 4, 5.

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