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(영문) 전주지방법원 정읍지원 2018.11.13 2018가단11143
채무부존재확인
Text

1. The Plaintiff’s damage liability against the Defendant arising from an accident stated in the attached list is KRW 9,080,000.

Reasons

Basic Facts

On November 1, 2017, around 21:47, a car driven by B near the 156.1km (hereinafter referred to as “instant vehicle”) of the Korea Special Design Technology 4.5 tons (hereinafter referred to as “instant accident”) located in the Geum-gu Highway located in Geumcheon-gu, Kim Jong-gu, Seoul, in the direction of Seoul. As a result, two pine trees (hereinafter referred to as “instant pine trees”) loaded on the instant vehicle was damaged.

The Plaintiff is a mutual aid business entity that has entered into a mutual aid agreement on cargo liability for the instant vehicle (hereinafter “instant mutual aid agreement”), and the Defendant is the owner of the instant pine trees.

The Defendant claimed KRW 12,00,000 as damages due to the instant accident, and around November 7, 2017, the Defendant claimed KRW 19,00,000. On November 30, 2017, the Defendant claimed KRW 19,00,000.

According to the terms and conditions incorporated into the terms and conditions of the instant mutual aid agreement, the Plaintiff is obligated to compensate for the excess amount within the compensation limit stated in the mutual aid agreement, only when the damages exceed the amount of its own contributions stated in the mutual aid agreement. The amount of its own contributions under the instant mutual aid agreement is KRW 200,000,000.

[Ground of recognition] The plaintiff is liable to compensate the defendant for the damages suffered by the defendant due to the damage of the trees of this case as a mutual aid business operator for the vehicle of this case, according to the facts that there is no dispute, Gap 1 through 5, and 8's statements or images, and the purport of the whole pleadings.

As to the scope of the liability for damages of this case, it is difficult to believe that the Defendant’s damage to the pine trees of this case exceeds KRW 9,280,00,00,000 that the Plaintiff suffered due to damage to the pine trees of this case reaches KRW 24,710,00, and the Defendant’s assertion is consistent with the Defendant’s assertion, and the damage amount suffered by the Defendant due to the accident of this case is 24.

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