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(영문) 수원지방법원 2017.05.12 2016가단525219
채무부존재확인
Text

1. On May 13, 2016, at around 18:31, 201, west-si, Chungcheongnam-si, Chungcheongnam-do, Nowon-do, at the west-do, in the vicinity of the IIC branch of the Jung-do Highway.

Reasons

1. Basic facts

A. The Plaintiff, a corporation running an automobile insurance business, is an insurer who entered into an automobile insurance contract with C, the owner of the insured automobile B (hereinafter referred to as the “insured automobile”), and the Defendant is the owner of the D vehicle (hereinafter referred to as the “victim”).

B. C around May 13, 2016, around 18:35, 2016, around the 18:35, the Chungcheongbuk-si, an accident was caused by three preceding vehicles (hereinafter referred to as “the accident”). The damaged vehicle was damaged by the front and rear of the damaged vehicle.

C. The instant accident was confirmed by negligence of 100% of the sea vehicle since C is an accident that causes drilling accidents due to the failure to secure a safe distance during the operation of the vehicle.

According to the Plaintiff’s standard repair cost, “repair cost” refers to the actual repair cost necessary to restore to the state immediately before an accident, if it is possible to restore to the original state. According to the lending and borrowing fee standard under Article 26 of the Act, if it is necessary to use a non-business motor vehicle on behalf of another motor vehicle for the period during which the non-business motor vehicle is destroyed or damaged and is not operated, it is required to pay the reasonable cost required therefor.

E. The Defendant received this accident from Hyundai Marine Fire Insurance Co., Ltd., which is a motor vehicle insurance company that the Defendant joined, and the Hyundai Marine Fire Insurance Co., Ltd. dealt with KRW 6,798,000 for the repair cost of damaged vehicles. The Plaintiff paid the above insurance money paid by Hyundai Marine Fire Insurance Co., Ltd. to the Hyundai Marine Fire Insurance Co., Ltd. on November 9, 2016.

F. After the accident, the towing cost of the damaged vehicle was 146,000 won, and the siren cost (6 days) before repairing the damaged vehicle was 1,838,400 won.

From June 7, 2016, the defendant

6. The defendant's children during the repair period until 16.

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