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(영문) 창원지방법원 2015.06.23 2014가단80283
채무부존재확인
Text

1. On April 23, 2014, Nonparty B driven the C Vehicle and damaged the C Vehicle that was owned by Nonparty B.

Reasons

1. Facts of recognition;

A. On April 23, 2014, Nonparty B entered into the instant comprehensive automobile insurance contract with the Plaintiff, at the tunnel-type vehicles set up in the F station located in Changwon-si E, Changwon-si, and the F station located in Changwon-si (hereinafter “the instant detailed car car”). During the car washing, Nonparty B caused the instant car break by mistakenly manipulating the vehicle’s flag, and thereby, destroyed the instant detailed car set, such as the instant detailed car break, pressra, fluor, etc.

(hereinafter “instant accident”). (b)

After ascertaining the damaged part, the adjuster, upon request of the Plaintiff, applied the unit price of government wages for the first half-yearly period of 2014, and examined the unit price for the re-funded goods, and assessed KRW 17,754,621, and the remaining property 854,621 as the repair cost for the third half-yearly period of this case.

[Ground for Recognition: Facts without dispute, Gap evidence 1, 4, Eul evidence 2, 4 to 11

(2) The grounds of appeal No. 1

2. On the premise that the Plaintiff did not recognize the damaged part and the repair cost of the instant detailed period due to the instant accident, the Plaintiff is deemed to be able to believe the result of the damage adjustment requested by the Plaintiff in relation to the instant accident, taking into account the following: (a) the instant claim was filed on the premise that it does not recognize the damaged part and the repair cost of the instant detailed period; (b) the occurrence of the instant accident itself is recognized by the Plaintiff; (c) the Plaintiff requested the damage adjustment; (d) the Plaintiff directly conducted the damage adjustment; and (e) the assessment of the distribution price of the damaged parts and the procured goods; and (c) there is a possibility of being damaged and replaced due to the combination of each machinery parts.

Therefore, the defendant is the party who entered into a comprehensive automobile insurance contract with B that caused the instant accident, and the damage claim from D, the owner of the instant three-year period.

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