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(영문) 인천지방법원 2018.08.30 2017나56516
채무부존재확인
Text

1. The judgment of the first instance, including the Defendant (Counterclaim Plaintiff)’s counterclaim that was reduced in the trial, is as follows.

Reasons

1. Basic facts

A. The plaintiff is a company aimed at insurance business under the Insurance Business Act, and the defendant is a company that aims at the comprehensive automobile maintenance business.

B. As to the insurance accident of an automobile that caused the Plaintiff to repair the automobile, the Plaintiff’s policyholder, the insured, or its victim, etc., entered into an insurance contract with KRW 24,500 per hour and entered into an automobile repair transaction. The said contract was terminated on July 2015.

C. From July 17, 2015 to January 8, 2016, the Plaintiff requested the Defendant to repair the insurance accident of each of the instant vehicles, which is an accident vehicle, without a separate insurance contract, for a period from July 17, 2015 to January 8, 2016, and the Defendant completed the automobile repair.

The Defendant acquired the right to claim insurance money or damages against the Plaintiff from the owner of each of the instant vehicles.

【Ground of recognition】 The fact that there has been no dispute, Gap's 1, 2, 6 through 11, Eul's 3 (including branch numbers, if any; hereinafter the same shall apply), the purport of the whole pleadings and arguments

2. The parties' assertion

A. The Plaintiff’s assertion (the assertion on the claim of the main office) set forth in the Plaintiff’s assertion that the reasonable repair cost of each of the instant vehicles is KRW 25,63,680 (the detailed specifications of each automobile are as indicated in the attached Table 1, but the amount calculated by subtracting the repair cost of the automobile indicated in the order 17 in the order of the same Table, which is found to have no fault on the part of the Plaintiff’s side, from KRW 21,553 to KRW 24,252 per hour, which is the adequate repair cost under the “reasonable repair cost of the automobile insurance (No. 2010-560 of the former Ministry of Land, Transport and Maritime Affairs’s announcement)” which was published on June 19, 2010.

On January 25, 2016, the Plaintiff deposited the above KRW 25,663,680 for the Defendant, which is pending in the court of first instance.

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