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(영문) 서울중앙지방법원 2015.06.10 2014가합570290
채무부존재확인
Text

1. On February 1, 2013, in relation to an accident that occurred during the operation of A vehicle at the Hongdong, Seodaemun-gu Seoul, Seoul, at around 04:55.

Reasons

1. Basic facts

A. Nonparty B entered into an automobile insurance contract with the Plaintiff and A, setting the insurance period from January 26, 2013 to January 26, 2014, with the limit of the driver’s scope and limited terms.

B. C, the spouse of B, around 04:55 on February 1, 2013, in the vicinity of Seodaemun-gu Seoul, Seodaemun-gu, Seoul, caused an accident that caused damage by shocking the ground pressure apparatus owned and operated by the Defendant due to negligence while driving the said vehicle.

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

On June 25, 2013, the Defendant removed ground voltages destroyed by the instant accident and completed construction works to install new ground voltages.

(hereinafter “instant construction”) D.

Around November 15, 2013, the Defendant claimed KRW 13,859,390 as insurance money based on the instant accident to the Plaintiff. However, the Plaintiff notified the Defendant of the result of the damage assessment that the Defendant’s damages caused by the instant accident amounting to KRW 11,590,000, around November 15, 2013, and paid KRW 11,590,000 as insurance money to the Defendant on November 25, 2013.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. Determination as to whether the Plaintiff’s obligation to pay insurance proceeds remains due to the instant accident

A. According to the evidence evidence Nos. 1 (1) 1 as to the construction cost and the material cost portion, the defendant is recognized to have contracted the construction work of this case to the non-party Jinjin Construction Co., Ltd. for KRW 1,366,755, and thus, the above construction cost of KRW 1,366,755 constitutes the damage suffered by the defendant due to the accident of this case. 2) If the purport of the entire pleadings is added to the statement in the evidence Nos. 2, 9,10,11, and 11, the value at the time of the accident of this case calculated by depreciating KRW 12,80,00,000, which is the acquisition price of the new product from the ground pressure change changed by the defendant due to the accident of this case, constitutes 12,164,022, and thus, it constitutes the damage suffered by the defendant due to the accident of this case.

(b).

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