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(영문) 서울동부지방법원 2015.10.20 2014가단107476
채무부존재확인
Text

1. Attached Form;

1. In relation to the lease of each vehicle recorded in the list, the Plaintiff’s rent is paid to the Defendant.

Reasons

1. Basic facts

A. The Plaintiff is an insurer engaged in non-life insurance business, such as automobile comprehensive insurance, and the Defendant is a company that operates automobile rental business.

B. The defendant has concluded a comprehensive automobile insurance contract with the plaintiff

1. If each insured vehicle listed in the list has been damaged, rental car was leased during the repair period to the insured.

C. The Defendant attached Form five times from February 10, 2014 to March 25, 2014 to the Plaintiff.

2. The claim amount indicated in the list (hereinafter “instant claim amount”) totaling KRW 1,645,00,000 in each rental car fee stated in the list, and the plaintiff accordingly claimed the defendant less than that stated in the attached sheet

2. A total of KRW 1,119,250 in each payment indicated in the column for the amount paid in the list (hereinafter “amount paid”).

[Ground for Recognition: Facts without a partial dispute, entries in Gap evidence 2-1 through 5, purport of whole pleadings]

2. The parties' assertion

A. The Plaintiff’s assertion made payment to the Defendant at a discount rate of 35% (e.g., 30% to 40% interim discount rate) from the rate table of KT Pene Ka, a large automobile rental business entity with a nationwide business network, which is the Defendant. This is a reasonable and reasonable rental car rate, and the Plaintiff has no obligation to pay the rental car fee to the Defendant.

B. The Defendant asserted that the Defendant entered into a siren service contract with the Plaintiff around November 10, 2010. Since the amount of the instant claim is a reasonable rental car fee with the amount discounted by 10% or 20% from the fare table in 2014 pursuant to the above contract, the Defendant is obligated to pay the Defendant KRW 525,750 (1,645,000 - 1,119,250) which is the difference between the claim amount and the paid amount.

3. The following circumstances, i.e., traffic accidents, which are acknowledged by comprehensively considering the purport of the entire pleadings in each of the statements in Gap evidence Nos. 1 and 3.

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