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(영문) 인천지방법원 2016.08.24 2015나55410
채무부존재확인
Text

1.The judgment of the first instance shall be modified as follows:

B With respect to accidents that occurred on March 11, 2014.

Reasons

The main claim and the counterclaim shall be judged together.

1. Basic facts

A. The Plaintiff is an insurer who has entered into an automobile insurance contract with C with D, and the Defendant is a person who has owned B vehicle (hereinafter “instant vehicle”).

B. At around 06:10 on March 11, 2014, C, which was parked while driving the said D vehicle at the Bupyeong-gu, Seocheon-gu, Seocheon-gu E apartment parking lot, Seocheon-gu, Seoul (hereinafter “instant accident”).

C. On May 26, 2014, the Plaintiff paid KRW 678,460, repair costs to the roof Co., Ltd., Ltd., and KRW 1,870,000 to the Defendant, KRW 1,100,000 to the Defendant, KRW 130,000 to the East Capital Co., Ltd., and KRW 2,240,000 to the Kren Capital Co., Ltd., and KRW 6,018,430 in total.

The Defendant sold the instant vehicle to F on November 7, 2014.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 3, 5, 6, Eul evidence 3, video, the purport of the whole pleadings

2. Summary of the parties' arguments

A. The Plaintiff already disbursed KRW 6,018,430 in total for the Defendant’s damages caused by the instant accident, such as repair costs, lending charges, etc., and symptoms, such as the automatic transmission damage, alleged by the Defendant, do not have causation with the instant accident.

Therefore, the Plaintiff’s obligation to pay insurance money to the Defendant due to the instant accident does not exceed KRW 51,600 as the towing fee for the Plaintiff.

B. Due to the instant accident, the instant vehicle caused damage to automatic transmission devices, the occurrence of lower noise, and the shock phenomenon of front seat.

In order to repair the automatic transmission damage of the instant vehicle, KRW 13,953,115 is required. The Defendant spent KRW 2,700,000 on April 25, 2014, and KRW 2,300,00 on June 11, 2014.

On July 29, 2014, the defendant paid KRW 1,828,970 in addition to repair costs, such as automatic transmission machines.

The defendant has the present vehicle.

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