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(영문) 대구지방법원 2016.04.01 2015가단109802
채무부존재확인
Text

1. On February 28, 2015, B vehicles parked in the vicinity of the entrance of a new market where the pan-dong in Daegu may be located, around 21:42.

Reasons

A principal lawsuit or counterclaim shall be deemed to be a same.

1. Facts of recognition;

A. The Plaintiff is an insurer who has entered into an automobile comprehensive insurance contract with respect to DNS car driven by C (hereinafter “Plaintiff”), and the Defendant is the owner of B dd unit GT-R sports car (hereinafter “Defendant vehicle”).

B. Around February 28, 2015, around 21:42, C parked the Plaintiff’s vehicle in the vicinity of the new river market located in the Daegu Suwon-gu, Daegu-dong. In the process that the front door of the Plaintiff’s vehicle was parked on the right side of the Plaintiff’s vehicle, there was an accident in which the front door of the Plaintiff’s vehicle was parked on the right side of the Plaintiff’s vehicle.

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

Due to the instant accident, damage was inflicted on the contact register of the Defendant vehicle.

According to the plaintiff's comprehensive automobile insurance clauses applicable to the insurance contract of this case, "reasonable expenses incurred in restoring to the original state immediately before the accident" shall be paid as repair expenses, and "where the use of a non-business motor vehicle (including construction machinery) is necessary in lieu of another motor vehicle for the period of non-business operation due to damage or damage, it shall be paid as rent, and "reasonable expenses required therefor" shall be paid as rent, and "where borrowing and lending is conducted, it shall be paid as rent."

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, and 6, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion 1 of this case is merely a part of the damage suffered by the Defendant’s vehicle due to the instant accident, and thus, it is acceptable to accept the sales and painting work by taking into account the cost of KRW 800,000,000.

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