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(영문) 수원지방법원안양지원 2015.11.25 2015가단4069
채무부존재확인
Text

1. With respect to traffic accidents listed in the annexed List 1, time-limit for the insurance contract listed in the annexed List 2.

Reasons

1. The following facts may be found either in dispute between the parties or in combination with the overall purport of the pleadings at Gap evidence Nos. 1, 3, and 4 and Eul evidence Nos. 3 (including paper numbers), and at Gap evidence Nos. 5:

B On February 26, 2015, around 05:05, when driving C License (hereinafter referred to as “Plaintiff”) and driving the Plaintiff’s vehicle, which caused the collision between DELF, which was in the atmosphere of signal (hereinafter referred to as “Defendant vehicle”) due to negligence, while neglecting the duty of front-time care while driving the road near the Bai-dong in the Silung-dong.

(hereinafter “instant accident”). (b)

The accident of this case led to the destruction of the Lane panel, rier, etc. by the Defendant vehicle, and 3,528,965 won was required at its repair cost.

C. The Plaintiff is an insurer who entered into an automobile comprehensive insurance contract with B on the Plaintiff’s vehicle, and the Defendant is the owner of the Defendant’s vehicle.

2. Determination on the main claim

A. The summary of the plaintiff's claim 1) The plaintiff's common automobile insurance clause provides that "if the cost of repairing a motor vehicle due to an accident (limited to a motor vehicle which has been less than 2 years after departure) exceeds 20% of the value of the motor vehicle immediately preceding the accident, 15% of the cost of repairing a motor vehicle shall be paid, and 10% of the cost of repairing a motor vehicle which is more than 1 year but not more than 2 years after release shall be paid." The defendant's motor vehicle falls under a motor vehicle for not more than 1 year after release of the accident at the time of the accident, but the cost of repairing (3,528,965 won) falls short of 20% of the value of the motor vehicle immediately preceding the accident (19,500,000 won). Thus, the plaintiff's claim that the defendant's motor vehicle accident of this case is sought as the lawsuit of this case that the defendant purchased the motor vehicle of this case, and the defendant's repair value shall be 00 million won after the accident of this case.

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