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(영문) 대구지방법원 김천지원 2018.04.19 2017가단33496
채무부존재확인
Text

1. On October 13, 2015, by vehicle C, generated in front of the E-art located in Yong-gun, Chungcheongnam-gun, Chungcheongnam-do around 12:30.

Reasons

1. Basic facts

A. The Plaintiff is a business operator who has entered into an automobile mutual aid agreement (comprehensive insurance) with respect to the C Vehicle (hereinafter “HA”), and the registered member is a one-time tourism company.

B. Around 12:30 on October 13, 2015, F, a driver of a sea-going vehicle, was stopped with the body of the vehicle at front of the Eart located in Young-gun D, Chungcheongnam-gun, and subsequently, F, a traffic accident leading to the shock of G K3 vehicles owned by the Defendant (hereinafter “victim”).

(hereinafter referred to as “instant accident”). C.

As F did not receive an accident from an insurance company, the Defendant entered the damaged vehicle into H, a maintenance plant, on October 18, 2015, and received the case at the Bupyeong-gu Police Station. D.

While a dispute over the occurrence of the instant accident occurred, the repair of the damaged vehicle was suspended, and while the damaged vehicle enters the maintenance plant, the Defendant lent and operated the KS5 vehicle from around October 18, 2015 to November 4, 2015 (hereinafter “lease”).

E. On July 2017, the Defendant filed a claim with the Plaintiff for the payment of KRW 1,422,666 per 16 hours of rental fee for the leased vehicle. On August 2, 2017, the Plaintiff filed the instant lawsuit against the Defendant.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 5, 7, and 8, Gap evidence Nos. 3 and 4, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion is a minor contact accident, and the repair period is only one day, and the Defendant used a long-term lease amount regardless of the vehicle repair.

According to the plaintiff's automobile insurance standard terms and conditions, the rental fee for the period corresponding to the completion date from the commencement date of the repair of the damaged vehicle shall be recognized, and the lending fee claimed by the defendant to the plaintiff is excessive amount exceeding the ordinary rental fee.

Therefore, the loan fee to be paid by the plaintiff to the defendant is 7.7.

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