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(영문) 대구지방법원포항지원 2019.06.04 2016가단104713
채무부존재확인
Text

1. A plaintiff based on an automobile insurance contract listed in attached Form 1(2) with respect to the accident described in attached Form 1(1).

Reasons

1. Case summary and key issue

A. ① The Plaintiff and the Defendant concluded an insurance contract listed in attached Form 1(2) and caused accidents described in attached Form 1(1) during the insurance period; ② the Plaintiff requested repair of the above vehicle (hereinafter “instant vehicle”) located in North Korea at port; and paid KRW 1,389,00 on June 17, 2016; ③ The Minister of Land, Transport and Maritime Affairs, the Minister, and the Ministry of Land, Transport and Maritime Affairs, pursuant to Article 16 of the former Guarantee of Automobile Accident Compensation Act (amended by Act No. 11690, Mar. 23, 2013), published the “reasonable maintenance fee for automobile insurance” on June 19, 2010; ② the Plaintiff’s reasonable construction fee per 201,53 through 24,000 won for each of the above vehicles (hereinafter “instant vehicle”); and ④ the Plaintiff’s new construction fee per 30 hours per year calculated on June 17, 2010 or its new construction fee per 40 hours per year;

B. Accordingly, while the Plaintiff is liable to pay the Defendant the amount equivalent to the repair cost of the instant vehicle (the remaining amount after deducting the Defendant’s own share from the insurance money) as the insurance money, the Plaintiff’s appropriate repair cost is KRW 843,00,000, and the Defendant’s above KRW 1,389,565.

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