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(영문) 전주지방법원군산지원 2016.04.26 2016가단50844
채무부존재확인
Text

1. On September 29, 2015, around 15:30 on September 29, 2015, a vehicle A concealed B vehicle on the road near the non-subsus Park in the Sinsan-dong.

Reasons

1. The following facts may be acknowledged by adding to the whole purport of the pleadings, or there is no dispute between the parties, as stated in the Evidence A Nos. 1 to 6:

The plaintiff is an insurer engaged in various insurance business, such as automobile insurance, and is an insurance company that has entered into a personal automobile comprehensive insurance contract with C (hereinafter referred to as the "registered insured") and Asch Rexton vehicle owned by the plaintiff (hereinafter referred to as the "Plaintiff vehicle").

B. On September 29, 2015, the Plaintiff’s vehicle caused an accident (hereinafter “instant accident”) that contacted BG vehicles (hereinafter “victims”) around the Non-Sinsi-dong Non-Sinsi Park near the Sinsi-dong Non-Sinsi Park.

B. The Defendant, a company running the vehicle leasing business, was to lend the vehicle to D while repairing the damaged vehicle of the instant accident.

C. The Defendant leased the rental car to D as above, and then claimed the following rent costs as the insurance money to the Plaintiff, the insurer of the Plaintiff vehicle:

Lending and borrowing fee (won) E during the type of rental vehicle on October 23, 2015, 09:00 to November 10, 2015, total of 18 hours per 10 hours per 4,517,000 hours per 18 days;

2. Judgment on the plaintiff's claim

A. In relation to the lending and lending period, the Defendant claims insurance money for a fixed period of 10 hours per 18 days per day as above.

However, in the case of the instant accident, ① the damaged vehicle entered the factory and left alone for 13 days without any repair for 14 days. ② In light of the damaged part of the damaged vehicle and the repair contents, the latter part is destroyed, so it is possible to repair and make a reservation. In fact, it is only two days, ③ even if all parts of the damaged vehicle are combined, the repair cost is only KRW 708,00,000, and ④ the damaged vehicle is also in Korea.

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