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Reasons
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(영문) 서울동부지방법원 2015.06.04 2014가단115149
채무부존재확인
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1. As to an accident described in the attached Form

A. Between the Plaintiff and Defendant A, the Plaintiff’s Defendant A.

Reasons

1. Facts of recognition;

A. The Plaintiff is an insurer who has entered into an automobile insurance contract for Done Star Vehicles (hereinafter “Plaintiff”) with C, and the Defendant A is the owner of E-solided and 300 E-solided vehicle (hereinafter “Defendant”) with engine displacement 279cc., and the Defendant B is the owner of the Defendant’s two-wheeled vehicle with the trade name “F”.

B. On April 9, 2014, C driving the Plaintiff’s vehicle, resulting in an accident, such as the description of the attached Form describing the Defendant’s vehicle driving by the Defendant A. On the same day, Defendant A filed a claim for the repair cost of KRW 2,640,000 on the part of the Defendant at Kwikset Services Federation’s Maintenance Center.

C. On April 9, 2014, Defendant A: (a) leased B-doer 300 C-dolicker 4,500,000 won from Defendant B; (b) entrusted Defendant B with all of his/her authority to claim and receive the loan fee against the Plaintiff; and (c) Defendant B may claim against the Plaintiff by taking over the loan fee claim against the Plaintiff from Defendant A.

【Ground of recognition】 The fact that there is no dispute, Gap 2-4(Ga number omitted), Eul 1-3, the purport of the whole pleadings

2. The assertion and judgment

A. The parties asserted 1) The defendant A, who was the plaintiff, did not need to borrow and lend due to the above accident, and even if it was necessary to borrow and lend, a reasonable rent of KRW 26,800 per day (=3,500 x 0.8) is KRW 804,00,000 per day (=33,500 x 0.8). The above defendant transferred to the defendant B the lending claim against the plaintiff due to the above accident and notified the plaintiff thereof. 2) The plaintiff should pay the lending fee of KRW 4,50,000 per day to the plaintiff.

B. In light of the circumstance that the Plaintiff did not submit any direct evidence as to the fee for the lease of a two-wheeled vehicle of the same kind as that of the Defendant’s vehicle in the certificate No. 7, and the purport of the entire pleadings, the Defendant A, due to the foregoing accident, shall be deemed to have a two-wheeled vehicle of the same type as that of the Defendant’s vehicle for

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