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(영문) 대전지방법원 2014.08.22 2013가단37019
채무부존재확인
Text

1. On September 1, 2013, the Plaintiff (Counterclaim Defendant)’s towing of the vehicle to the Defendant (Counterclaim Plaintiff) around C, 9:00.

Reasons

1. Basic facts

A. On September 1, 2013, the Defendant (Counterclaim Plaintiff; hereinafter “Defendant”) (hereinafter “Defendant”) requested to tow the instant vehicle to the parking lot E located in Daejeon U.S., Daejeon U.S., the insurer of the automobile insurance contract, for the emergency exit service of the Dongbu Fire and Marine Insurance Co., Ltd., as the Plaintiff was unable to operate the instant vehicle due to the breakdown that the labels driving the power generator of the instant vehicle (hereinafter “instant vehicle”).

B. The Plaintiff (Counterclaim Defendant; hereinafter “Plaintiff”) was a towing vehicle operator who entered into an entrustment contract for emergency transport services with the Dong Fire Marine Insurance Co., Ltd., and received the Defendant’s request from the Dong Fire Marine Insurance Co., Ltd., and sent the G (H) towing vehicle to which the Plaintiff’s operating company would drive (hereinafter “instant towing vehicle”) and towing the instant vehicle to the said E parking lot.

C. F had the instant towing vehicle loaded on the back part of the instant towing vehicle by drawing up the instant vehicle in excess of language, and requested the Defendant to set off the instant towing vehicle between the instant towing vehicles, and the Defendant, upon the said request, laid off the instant towing vehicle and started the instant towing vehicle.

F) In order to arrive at the parking lot and get off the instant vehicle on the ground, the F used to sloping the back part of the towing vehicle by operating the machinery attached to the towing vehicle of this case. The Defendant, who was in compliance with the process, was driving seat of the instant towing vehicle, was deprived of the instant towing vehicle, and the front door, etc. of the instant vehicle is destroyed (hereinafter “the instant accident”).

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