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(영문) 대구지방법원서부지원 2019.04.10 2017가단57773
채무부존재확인
Text

1. On December 29, 2015, the Plaintiff (Counterclaim Defendant) and C. as of July 30, 2015 with respect to any accident described in the separate sheet that occurred around 13:10 on December 29, 2015.

Reasons

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

1. Basic facts

A. On July 30, 2015, the Plaintiff entered into an automobile insurance contract with D dump trucks (hereinafter “Plaintiff”) with C, with the content that the registered insured is C and the insurance period is from July 30, 2015 to July 30, 2016.

B. On December 29, 2015, around 13:10 on December 29, 2015, the Defendant stopped a tent, which is the Defendant’s vehicle (hereinafter “Defendant’s vehicle”) in order to carry out an occupation planting at the construction site in Daegu North-gu E (hereinafter “instant construction site”).

F At the construction site at the time of the instant construction site, in order to load construction waste carried by the excavated driver in the BUket on the Plaintiff’s vehicle, F stopped the front-down part of the Defendant’s vehicle parked with the cover of the Plaintiff’s vehicle in the course of carrying the construction waste onto the Plaintiff’s vehicle.

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

As a result of the instant accident, the back-to-date panel and presses, which are being supported by the back-to-board support team, the rear-board and support team of the Defendant vehicle, were plicked by the force of dump truck, and the panel was plumed and displayed.

On January 31, 2016, the Defendant claimed insurance money of KRW 26,377,200 with the unpaid repair cost of the Defendant’s vehicle, but the Plaintiff refused to pay the insurance money.

[Ground of recognition] Unsatisfy, Gap 2 and 3 evidence, Gap 5 evidence (including paper numbers; hereinafter referred to as "numbers"), Eul 1 images, Eul 1 evidence of appraisal commission to appraiser G, and the purport of the whole pleadings

2. The parties' assertion

A. Damage caused by the instant accident by the Defendant’s asserted by the Plaintiff is sufficiently restored to the original state only by a simple repair, and the repairing cost on the part of the damaged vehicle (92,200) and the rest fee (358,380 won) on a day during the repairing period are KRW 1,281,510 in total.

The defendant stops his vehicle at the work site.

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