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(영문) 수원지방법원 2019.12.12 2019나69179
채무부존재확인
Text

1. Each appeal filed by the Plaintiff (Counterclaim Defendant) and the Defendant (Counterclaim Plaintiff) and the Defendant (Counterclaim Plaintiff)’s claim added in the first instance.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. The Plaintiff is an insurer who has entered into an automobile insurance contract (hereinafter “instant insurance contract”) with respect to the Glearning vehicle (hereinafter “Plaintiff’s vehicle”).

B. Around 18:00 on February 19, 2018, the Plaintiff’s instant vehicle: (a) was dissiped by the D Sigrae-ray presses (hereinafter “instant Defendant’s vehicle”) that was operated prior to the south-gun of Gangwon-do on the road located in the Southern-gun, Gangwon-do; and (b) the Defendant’s vehicle was damaged.

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

The Defendant’s vehicle was registered as C on November 19, 2014, but the auction procedure was initiated for the said vehicle to Incheon District Court E, and the Defendant paid KRW 10,210,000 for the sale price on February 13, 2018 upon receipt of the decision to permit the sale on February 13, 2018 at the above auction procedure.

2. 28. The transfer of ownership was registered in the name of the Defendant.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1, 6, 9, Eul evidence Nos. 1 and 2 (including each number; hereinafter the same shall apply) and images, inquiry and reply to the office of registration of vehicles in the trial, the purport of the whole pleadings

2. According to the facts of recognition of the principal lawsuit and counterclaim between the Plaintiff and the Defendant, the Plaintiff is liable to compensate the Defendant for the damages incurred by the instant accident as the insurer of the Plaintiff’s vehicle.

We examine the following scope of liability for damages:

A. 1) The scope of liability for damages is consistent with the concept of fairness that, in the event a vehicle is damaged due to an accident involving the Defendant’s damage of a vehicle, the cost necessary for the repair considerably exceeds the exchange value of the vehicle, the remainder calculated by subtracting the scrap metal cost from the exchange value at the time of the accident from the economic point of view that it is generally impossible to repair the vehicle in an economic aspect can be claimed as compensation for damages.

(b).

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