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(영문) 대구지방법원 2020.08.28 2019가단14766
자동차인도 등
Text

1. The Defendant’s KRW 13,176,80 for the Plaintiff and KRW 6% per annum from November 8, 2019 to August 28, 2020.

Reasons

1. Basic facts

A. At around 17:30 on September 8, 2018, the Defendant driven a D Ttibl vehicle owned by the Defendant (hereinafter “Defendant”) and was proceeding with a multi-section tunnel of the Central Highway located in the Gyeongdong-gun in the border area. However, there was an accident in which the F Kabl vehicle driven behind the said vehicle (hereinafter “Korea-Korean-Korean-Korean-Korean-Korean-Korean-Korean-Korean-Korean-Korean-Korean-Korean-Korean-Korean-Korean-Korean-Korean-Korean-Korean-Korean-Korean-Korean-Korean-Korean-Korean-Korean-Korean-Korean-Korean-Korean-Korean-Korean-Korean-

B. On September 8, 2018, the person in charge of G (hereinafter “G”) who is an insurance company of the Literacy Vehicle was dispatched to the scene of the accident. On September 18, 2018, the Defendant entered into a vehicle rental agreement with the Plaintiff on the HK5 vehicle (hereinafter “instant siren”) with the payment guarantee of G, and was handed over by the Plaintiff.

C. The agreement between the Defendant and G on the compensation for damages on the Defendant’s vehicle destroyed due to the instant accident was not well progress. As from September 11, 2018, B, an employee of the Plaintiff, refused G to guarantee payment of rental fees by telephone and text message, the Plaintiff requested the Defendant to return the instant siren.

However, if the Defendant agreed on the substitute for the Defendant’s vehicle, he would return the instant siren, and did not return the instant siren to the Plaintiff.

On November 6, 2018, G asked G about the period of guarantee for the payment of siren costs under the instant vehicle rental agreement, and G asked the Plaintiff on November 6, 2018 to review the estimated cost and the parts of the repair of the Defendant vehicle and answer that G guarantees the payment only for the siren costs from September 8, 2018 to the 20th of the same month by applying the ordinary repair period.

E. On September 17, 2019, after the filing of the instant lawsuit, the Defendant returned the instant siren to the Plaintiff.

[Grounds for recognition] The descriptions of Gap evidence Nos. 1 through 5, the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff's assertion.

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