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(영문) 전주지방법원 2017.04.12 2016가단129
채무부존재확인
Text

1. On December 17, 2015, the damage incurred to Category C in the vicinity of the B elementary school in the west-gu, Seoul Special Metropolitan City on December 17, 2015.

Reasons

A principal lawsuit and a counterclaim shall also be deemed to have been filed.

1. Facts of recognition;

A. The Plaintiff entered into an automobile comprehensive insurance contract with D and E vehicles (hereinafter “Plaintiff vehicle”).

B. On November 28, 2015, the Defendant, on a long-term basis, operated CchipHG vehicles (hereinafter “Defendant vehicle”) from Shorensck Co., Ltd. (hereinafter “Defendant vehicle”).

C. D, while driving the Plaintiff’s vehicle, caused an accident that shocks the rear panion of the Defendant’s vehicle, which was parked in the vicinity of the Yansan-gu B elementary school on December 17, 2015.

On December 19, 2015, around 17:30 on December 19, 2015, the Defendant left to the Jeonju Service Center Co., Ltd. to repair the Defendant’s vehicle, and found the Defendant vehicle on the 30th day of the same month.

On the other hand, the defendant leased and used a different motor vehicle from the Bascar for the above-term limited liability company, and spent KRW 2,629,000 as the usage fee.

[Ground of recognition] without any dispute, Gap evidence 1-4, Eul evidence 6, and the fact-finding with respect to Hyundai Motor Service Center chief of this court, the purport of the whole pleadings

2. Determination on each of the grounds for the principal lawsuit and the counterclaim

A. The summary of the cause of the claim 1) The repair of the Defendant’s vehicle in the main domicile requires an ordinary amount of two days. The cost of the loan due to the above accident is 38,700 won calculated by applying the discount rate of 35% (29,000 won x 65% x 2 days) to the rental fee of the same kind of vehicle (299,000 won x 65% x 2 days). Since the Defendant sought payment of the rental and lending cost exceeding the above money, the Plaintiff’s obligation to pay the Defendant’s insurance money (loan) to the Defendant against the Defendant does not exceed the above money. (2) The counterclaim Defendant used and disbursed the cost by leasing another vehicle for 11 days at the wind of repairing the Defendant’s vehicle due to the above accident. The Plaintiff is obligated to pay the Defendant the above 2,629,000 won and the delay damages.

(b) judgment;

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