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(영문) 인천지방법원부천지원 2015.09.16 2014가단45739
채무부존재확인
Text

1. The Plaintiff’s obligation to pay insurance money to the Defendant regarding each vehicle stated in the “vehicle number” column in the attached list is 1.

Reasons

1. Basic facts

A. The Plaintiff is an insurer of automobile insurance regarding each of the vehicles listed in the “vehicle number” column in the separate sheet (hereinafter “instant vehicles”).

B. The Defendant, as a motor vehicle maintenance businessman, repaired the instant motor vehicle.

C. The Plaintiff paid to the Defendant totaling KRW 3,468,880 in the “amount paid” column in the attached Table as the repair cost of the instant vehicle.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 4 (including branch numbers for those with additional numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. The party's assertion and judgment

A. The plaintiff asserts that the insurance money to be paid to the defendant in relation to the repair of the vehicle of this case is KRW 4,558,00,00, and 3,468,880 among them is paid to the defendant, so the plaintiff's insurance money obligation to the defendant does not exceed the remainder of KRW 1,089,120.

The Defendant asserts to the Plaintiff that the Plaintiff has the right to claim KRW 9,303,831 as insurance money related to the repair of the instant vehicle.

[Attachment 1 to 6 of the instant vehicles: (a) the Defendant deemed the amount stated in the Defendant’s reply dated February 4, 2015 as the claimed amount with respect to the vehicles listed in the No. 7 of the instant vehicles; and (b) as to the vehicles listed in the No. 7 of the instant vehicles, the Defendant did not separately state his/her assertion amount in the instant lawsuit; (c) thus, the Defendant would make a judgment on July 14, 2014, ordering the Plaintiff to pay the insurance repair cost of KRW 503,831 (No. 1-7 of the evidence No. 1-7 of the instant vehicle) claimed against the Plaintiff as the Defendant’s assertion amount (the Defendant asserted that he/she had the claim against the Plaintiff totaling KRW 48,340,00,000 as insurance money related to the repair of the vehicle from February 4, 2015, only those vehicles listed in No. 1 to 6 among the instant vehicles are subject to the judgment of the Plaintiff, and the remainder of the instant vehicles.

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