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(영문) 서울중앙지방법원 2015.01.30 2014가단5023686
채무부존재확인
Text

1. As to the traffic accident listed in the attached Form 1, the plaintiff is against the defendant based on the insurance contract listed in the attached Form 2.

Reasons

1. Summary of the plaintiff's assertion

A. The Plaintiff is an insurance business entity that entered into a comprehensive automobile insurance contract with respect to A vehicles, which are vehicle vehicles listed in the attached Form 1 (hereinafter referred to as the “accident”), and the Defendant is the owner of B vehicles, which are vehicle damaged by the said traffic accident (hereinafter referred to as the “Defendant vehicle”).

B. After the instant accident, the Plaintiff paid the repair cost in full to the repair company with the Defendant vehicle, and completed the repair of the Defendant vehicle, and paid KRW 27 million to the repair cost.

C. In addition, during the above repair period, the Plaintiff paid 8.3.1 billion won for the Defendant’s vehicle leasing cost to a siren, and 4.5 million won equivalent to the exchange value decline in the Defendant’s vehicle due to the instant accident was also paid to the Defendant.

As can be seen, even though the Plaintiff already completed his liability to compensate for the damages caused by the instant accident, the Defendant’s side demands the Plaintiff to pay the automobile replacement cost (acquisition tax, registration tax) according to the new exchange program between the Defendant and C, and the rental cost, etc. up to the new exchange deadline. As to the instant accident, the Plaintiff’s liability to compensate for the damages against the Defendant under the insurance contract indicated in the attached Table 2 (hereinafter “instant insurance contract”) is no longer nonexistent.

2. As to the plaintiff's aforementioned assertion on the defense prior to the defendant's merits, although the defendant's vehicle was registered as the owner of the defendant, the lawsuit of this case is related to the accident that occurred in the course of using the defendant's vehicle in accordance with the lease contract on the defendant's vehicle, and thus, the lawsuit of this case is about the accident that occurred in the course of using the defendant's vehicle. Thus, the defendant's wrong land category

However, as the defendant himself is also a person, the defendant is registered as the owner in the register of automobile.

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