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(영문) 청주지방법원충주지원 2015.08.27 2014가단23129
채무부존재확인
Text

1. In relation to the accidents described in paragraph 1 of the attached list, the insurance contract described in paragraph 2 of the same list shall govern.

Reasons

1. Basic facts

A. The Plaintiff concluded an insurance contract with respect to B and C vehicles (hereinafter “Plaintiff vehicles”) as shown in attached Table 2.

B. D, the spouse of B, around 09:00 on October 18, 2014, when driving the Plaintiff’s vehicle in the vicinity of the Yari-si, Yari-dong, Yari-dong, Yari-si, Yari-si, Yari-si, Yari-si, Yari-si, C

(hereinafter referred to as the “instant accident” and the “Defendant Vehicle” are C.

On October 18, 2014, the Defendant requested the repair of the Defendant’s vehicle destroyed by the instant accident to Jungwon-gu Co., Ltd.

Accordingly, from October 23, 2014, Jungwon-Tech Co., Ltd. started to repair the above vehicle and completed its repair on November 11, 2014, and delivered the above vehicle to the defendant on November 12, 2014.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 3, 4, 5, 8, 9, Eul evidence Nos. 1, 2 and 10 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. The parties' assertion

A. The plaintiff's assertion is not sufficient to prove the necessity for the payment of the leave fee due to the accident of this case, and even if the need for the payment of the leave fee is recognized, the leave fee to be paid by the plaintiff to the defendant is 879,100 won (=87,910 won per day of the leave of the defendant's vehicle x 10 days for the repair period).

B. The Defendant’s assertion 1) During the period from October 18, 2014 to November 12, 2014 when he accepted the Defendant’s vehicle due to the instant accident, the Defendant is obligated to pay the amount of rent KRW 15,180,00 to H, who is the owner of the said vehicle, due to borrowing and lending the FScar (FScar), which is connected to the Dong 27 tons of G 27 tons connected to the Dong Trackn Trackn Track, Co., Ltd., Ltd., and paying the rent of KRW 15,180,00 to H.

3. Determination

A. According to the above basic facts, the instant accident is assessed against the Plaintiff.

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