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(영문) 인천지방법원 2015.07.07 2014가단230855
채무부존재확인
Text

1. On April 3, 2014, around 18:20, in the Seo-gu Incheon Metropolitan City, B has been driving a vehicle B before and after changing its course.

Reasons

1. Basic facts

A. B, while driving a C vehicle on April 3, 2014 at around 18:20, in Incheon Seo-gu, Seo-gu, Seo-gu, Incheon, caused an accident that causes damage to the health and policy of the DK5 vehicle owned by the Defendant (hereinafter “Defendant vehicle”) in front of the driver’s seat of the DK5 vehicle driven by the Defendant (hereinafter “Defendant vehicle”).

(hereinafter “instant accident”). (b)

On April 25, 2014, the Defendant entrusted the repair of the Defendant’s vehicle to the maintenance business entity of the trade name “E”, and paid the repair cost of KRW 1,693,195 to E, and the actual operator of “E” is the Defendant.

C. The Defendant asserted that, during the repair period, the insurer of C vehicle leased the vehicle from the Mrenter car Co., Ltd. and paid the rent of KRW 844,80,00, and claimed payment of the repair cost and the rent of KRW 2,537,95.

[Reasons for Recognition] Unsatisfy, Gap's statements or images, and the purport of the whole pleadings

2. The restoration of the Defendant’s vehicle damaged by the instant accident can only be done with correction and painting. As such, the repair cost for the Defendant’s vehicle is appropriate to KRW 91,010, and the rental fee for the three-day period, which is the appropriate repair period, based on the “ktrenter car” fee, which is a specialized vehicle leasing business entity, is KRW 263,250 (=daily charge 135,000 x three-day repair period x 65% (= discount rate 35% at the time of membership).

3. Determination

A. In full view of the purport of the arguments and arguments as a result of the fact-finding of Eul's evidence Nos. 3, 4, and 16 with respect to repair costs, and of the fact-finding with respect to the defendant's vehicle's damage damaged part due to the accident in this case, E is deemed impossible to restore the back to its original state, and it is accepted by replacing the back. ② The Director of the Maintenance Project for the Manomo-Mamo-Mamo-Mamo-Mamo-Mamo-Mamo-Mamo-Mamo-Mamo-Mamo-Mamo-Mamo-Mari-Ma (hereinafter referred to as "Mano-Mamo-Ma"), the cost of repair is KRW 1,767,458 with the same content as the repair performed by E.

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