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(영문) 서울북부지방법원 2016.04.29 2015가단17705
한정채무부존재확인
Text

1. With respect to a traffic accident listed in the attached Form 1, insurance money of the plaintiff against the defendant based on the insurance contract listed in the attached Form 2.

Reasons

1. The plaintiff's liability for damages arises

A. 1) The Plaintiff is an insurer who entered into an insurance contract with respect to the automobile B and C as described in the attached Form 2. 2) B, around 16:15 on July 20, 2014, while changing the car line as described in the attached Form 1, the Plaintiff caused the instant accident (hereinafter “instant accident”).

3) The Defendant did not accept the error of the instant case until the date of the closing of argument in the instant case. [The fact that there is no dispute over the grounds for recognition, Gap 1, 3, and Eul 2 and 5, respectively, and the purport of the entire pleadings.]

B. According to the above facts finding that liability for damages occurred, the Plaintiff, the insurer which entered into a comprehensive automobile insurance contract with B, is obligated to compensate the Defendant for the damages incurred by the instant accident.

2. Scope of liability for damages

A. In a case where the victim of the repair cost claims the repair cost of a damaged vehicle due to an accident, if there is a dispute between the parties as to the necessity of the maintenance work and the reasonableness of the amount of the maintenance fee, the burden of proving such dispute is the victim

According to the statement in Eul evidence Nos. 4, the defendant's repair cost of the plaintiff in this case can be acknowledged as constituting a total of 15,649,517.

However, the evidence submitted by the Defendant alone, in light of the instant accident and the shock level of the Austria, is insufficient to recognize that the remainder of the repair cost, excluding KRW 3,500,000, as the Plaintiff claimed by the Defendant, is reasonable and adequate, among the repair cost of the Austria, and there is no other evidence to acknowledge it.

B. Since the Defendant does not assert or prove any assertion about the lending cost due to the instant accident, the damage of the Defendant’s lending fee due to the instant accident is KRW 720,000,000, which the Plaintiff is the applicant.

C. Accordingly, regarding the instant traffic accident, following the conclusion of the lawsuit.

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