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(영문) 의정부지방법원 2018.01.26 2015가단125784
채무부존재확인
Text

1. In relation to the accident described in the attached list, the damages liability of the Plaintiff (Counterclaim Defendant) against the Defendant (Counterclaim Plaintiff) is assessed.

Reasons

A principal lawsuit and a counterclaim shall be deemed as the same.

1. Basic facts

A. On June 10, 2015, the Plaintiff: (a) as the owner of the third party workshop who caused the instant accident (hereinafter referred to as “Plaintiff”) and had D’s employees under the Plaintiff’s management operate the Plaintiff’s employees at the construction site where the instant accident occurred.

B. After the instant case, the Defendant requested E (owner) to repair a large special vehicle owned by the Defendant (hereinafter “Defendant”). On June 18, 2015, the said E (owner) issued a written estimate to the Defendant’s vehicle that KRW 33,902,00 (including value-added tax) takes place.

C. Since then, the Defendant transferred KRW 30,000,000 to the said E (State) on April 21, 2016, and KRW 3,902,000 on April 29 of the same month by account transfer. D.

On May 2, 2016, the above E (State) issued an electronic tax invoice to the Defendant claiming KRW 29,544,90 (including value-added tax) at the repair cost of the Defendant’s vehicle.

E. Meanwhile, on April 21, 2016, F’s operator G issued an electronic tax invoice claiming KRW 21,120,000 to the Defendant for the fee for the use of equipment for 32 days. Around that time, the Defendant transferred KRW 21,120,000 to the said G by account transfer.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and Eul evidence Nos. 2, 2-2, 3, 4, 5, and 6-2, 3, 4, 5, and 6

2. The parties' assertion

A. The Defendant’s assertion is the owner and the managing body of the Plaintiff’s vehicle, and the amount of damages that the Plaintiff is liable to the Defendant due to the instant accident. The amount of damages that the Plaintiff is liable to compensate to the Defendant is KRW 29,544,90 for the repair cost of the Defendant’s vehicle (hereinafter “the repair cost of the Defendant’s assertion”) and KRW 21,120,000 (including value-added tax, KRW 660,000 per day x 32 days) for 32 days from February 22, 2016 to March 24, 2016, which is the repair cost of the Defendant vehicle.

B. The amount of damages that the Plaintiff is liable to compensate for to the Defendant due to the instant accident in the Plaintiff’s assertion.

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