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(영문) 인천지방법원 2017.05.26 2016가합57754
자차수리비지급신청 의사표시 청구의 소
Text

1. The defendant is the non-party national rental car mutual aid association [ Address: Seocho-gu Seoul Seocho-ro 162, 401 (Saebaebb, Dong-dong).

Reasons

1. Determination on the cause of the claim

A. Facts of recognition 1) The Defendant is the owner of the vehicle listed in the separate sheet (hereinafter “instant vehicle”).

B) On September 25, 2012, A intended to purchase the instant vehicle from the Defendant and to take over the remaining vehicle installments (hereinafter “instant sales contract”).

(C) From April 2014, the Plaintiff used the instant vehicle to operate a siren car business in the name of the Defendant, the owner of the instant vehicle is maintained as the Defendant until the payment of the installment is made in full. After A’s acquisition of the Plaintiff Company, A took over the instant vehicle in the name of the Defendant.

2) On July 3, 2014, the Plaintiff entered into a mutual aid agreement with the Korean Bar Association under the Defendant’s name and entered into a mutual aid agreement with the instant vehicle.

(B) The instant mutual aid agreement includes a self-vehicle mutual aid, and its specific contents are as follows. In the mutual aid agreement for self-vehicle under Article 21 (Damage Compensation) of the NACA, the mutual aid association shall compensate within the limit of the amount of the mutual aid agreement stated in the certificate of subscription to the mutual aid agreement for losses directly incurred to an automobile due to an accident that occurred while the beneficiary owns, uses, and manages a motor vehicle of the mutual aid agreement. However, if the amount of the mutual aid agreement is more than the amount of the mutual aid agreement, it shall be compensated within the limit of the amount of the mutual aid agreement. In the case of the mutual aid agreement of Article 22 (Insurer) in the self-motor vehicle mutual aid, the beneficiary shall be entitled to claim compensation from the mutual aid association as a person entitled to claim compensation from the mutual aid association. (C) After the conclusion of the instant mutual aid agreement, the Defendant shall pay the mutual aid fee

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