(영문) 인천지방법원 2016.11.15 2014가단236488

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Text

Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 인천지방법원 2016.11.15 2014가단236488

채무부존재확인

Text

1. The plaintiff's obligation to pay insurance money to the defendant in relation to the repair cost of each vehicle listed in attached Form 1 shall be 5,005.

Reasons

1. Basic facts

A. The plaintiff is a company running automobile damage insurance business, etc., and the defendant is a company running automobile repair business, etc.

B. The Defendant received a request for repair of each of the above vehicles from the borrower of each of the vehicles listed in attached Form 1 (hereinafter “each of the vehicles in this case”) and completed the repair of each of the above vehicles, and then claimed the Plaintiff for the repair cost of KRW 9,473,053 in total of the respective claims stated in attached Form 2.

C. On the other hand, around January 9, 2014, the Plaintiff entered into an insurance maintenance fee agreement with the Defendant via the Nonparty Samsung Fire Damage Adjustment Service Co., Ltd. (hereinafter “Nonindicted Company”) (hereinafter “Nonindicted Company”). The main contents are as follows.

Article 3 [Standards for Application of Maintenance Fees] The defendant and the non-party companies agree to apply maintenance fees necessary for the implementation of Article 1 (Purpose of Contract) as follows:

1. Official fees and calibrations per hour applied to the calculation of maintenance fees: 25,380 won, 24,450 won, seals: 24,350 won;

2. The hours of work shall be subject to the application of the standard hours table and painting table published by the Ministry of Land, Infrastructure and Transport (Ministry of Construction and Transportation as at the time of 2005) pursuant to Article 16 of the Guarantee of Automobile Accident Compensation Act;

(F) As regards new types of motor vehicles after 2005, the standard work hours table and painting table (time of reference work hours) shall be applied to the new types of motor vehicles after 2005.3. 3. 2005.

Article 8 (Cancellation of Contract). The defendant and the non-party company may terminate this contract in writing in any of the following cases:

1. When the defendant or the non-party company has committed an illegal or unlawful act;

2. When the defendant or the non-party company suspends or transfers its business;

3. The Defendant or the non-party company’s bills and notes.

참조조문

-자동차손해배상 보장법 제16조

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