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(영문) 대전지방법원천안지원 2015.08.12 2014가단108146
채무부존재확인
Text

1. On March 8, 2014, at around 13:05, Category C vehicles and Category D vehicles for Defendant driving in the vicinity of the new dong-gu, Chungcheongnam-gu, Seoul Metropolitan City.

Reasons

1. Basic facts

A. B, around 13:05 on March 8, 2014, while driving a vehicle C (the Plaintiff, an insurance company, entered into a comprehensive automobile insurance contract with the Plaintiff) in the vicinity of the Dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong (hereinafter “Defendant-Appellant-

B. The Defendant’s vehicle was destroyed by the instant accident in excess of KRW 2,388,956 repair cost (i.e., 1,267,286 parts) such as the left-hand cover, the left-hand cover (exchange), the left-hand cover (Exchange), the ridge (Exchange), and the white panel (Exchange).

C. The Defendant’s vehicle was registered on April 5, 2013 and one year has not passed since the instant accident occurred, and the odometer was 21,988km, and the market price was 28,200,000 won.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 3, 5, Eul evidence Nos. 1, 4, 5, 7, and 8, and the purport of the whole pleadings

2. Determination

A. According to the basic facts, the Plaintiff is an insurance company that driven by B and is responsible for compensating the Defendant for the damages caused by the instant accident. 2) The Plaintiff asserts that the Plaintiff is not liable to compensate the Plaintiff for the damages not consistent with the above provisions, on the ground that, “where the repair cost of a motor vehicle due to an accident (limited to a motor vehicle (limited to a motor vehicle not exceeding two years after the departure) exceeds 20% of the value of the motor vehicle immediately preceding the release, 15% of the repair cost shall be paid for the motor vehicle not exceeding one year after the release, and a motor vehicle with more than one year but not more than two years after the release shall be paid 10% of the repair cost.”

However, Article 10 (2) of the Insurance Terms and Conditions (Evidence A 9) is the amount calculated by the standard for the payment of insurance money to the claimant for damages according to the final and conclusive judgment of the court of the Republic of Korea.

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