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(영문) 인천지방법원 2018.12.20 2017가단256193
보험금
Text

1. Attached Form;

1. With respect to each motor vehicle accident described in the table, the Plaintiff (Counterclaim Defendant) to the Defendant (Counterclaim Plaintiff).

Reasons

1. The parties' assertion

A. The plaintiff (the ground for the main claim) shall be as shown in the attached Form.

1. The owner of the damaged vehicle stated in the slip is obliged to pay rental and lending expenses, except for the period exceeding the ordinary repair period (the repair period calculated by analyzing the correlation between the siren period and the repair work hours for the last three years) due to such reasons as unfairly delaying the repair of the vehicle, delaying the release of the vehicle, etc., the lending period is to be calculated at the discounted rate of 35%; therefore, the lending fee must be calculated at the discounted rate of 45%;

1. Attached Form to the defendant who has acquired the right to claim expenses incurred in borrowing and lending from the owner of damaged vehicles;

2. It is obligated to pay 3,346,210 won as shown in the table.

B. The period of lending and borrowing of the Defendant (the cause of a counterclaim) shall be calculated according to the repair certificate prepared by the factory accepting the damaged vehicle and the number of days of use indicated in the vehicle rental contract prepared by the owner of the damaged vehicle. Whether to apply discount rates in relation to rent and lending charges is erroneous to compel the Defendant to set the discount rates of the large enterprise identical to those of the Defendant on the basis of autonomous or agreed matters in accordance with the size of the vehicle rental business operator, business strategies, etc., and thus, it is not the discount charges but the normal rate is not the normal rate. Therefore, the Plaintiff

2. Facts of recognition;

A. Attached Form

1. The owner of a damaged vehicle indicated in the list shall deliver the above damaged vehicle to the E Co., Ltd., and the E Co., Ltd.;

3. There was accepted during the same period as the statement in the table.

B. Attached Form to the defendant

1. Attached Form to the owner of a damaged vehicle indicated in the tag;

4. A vehicle has been leased during the lending and borrowing period (a vehicle less than one hour shall be discarded) and the attached Form;

1. The owner of the damaged vehicle as indicated in the slip acquired the claim for the loan expense.

(c) As of the end of June 2017, the share of the siren market is D, F, G, and if the general customer joins the said large three Internet members, 35% (D) through 40% (F and G) without any separate condition.

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