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(영문) 인천지방법원 2020.07.08 2020가단205423
채무부존재확인
Text

1. The plaintiff's lawsuit against the defendant C is dismissed.

2. Dopo-dong 31-8, Dopo-dong around 17:50 on June 18, 2019

Reasons

1. Facts of recognition;

A. The Plaintiff is a mutual aid business entity who entered into a motor vehicle mutual aid agreement with F, a stock company F, which is the owner of the D's franchise vehicle (hereinafter “N's vehicle”), to compensate for the damage caused by an accident that happens during the operation of the L's vehicle, if F, is liable for damage.

Defendant B (hereinafter “Defendant B”) is a juristic person registered as the owner of Echip vehicle (hereinafter “victim”), and the Defendant C Co., Ltd. (hereinafter “Defendant C”) is a repair company of the damaged vehicle. G, the representative director of the Defendant C, is a person who, on June 28, 2017, determined and leased the damaged vehicle from Defendant B as monthly rent 1,100,000 and 48 months (acquisition without additional payment after the termination of the contract).

B. On June 18, 2019, the driver of the instant traffic accident: (a) driven a sea-shielded vehicle around 17:50 on June 17, 2019; and (b) driven along the one lane between the two-lanes in the direction of the South-gunan ICT in the direction of the South-gunan ICT in the city of Doman-dong 31-8 Suwon-do, the driver of the instant traffic accident: (c) concealed the back of the HWD Rato vehicle that was driven in the same direction as before the LW; (d) the said Rato vehicle was pushed down in the future; and (c) resulting in a traffic accident in which the damaged vehicle that was driven in the same direction as before the EWD vehicle (hereinafter referred to as the “instant traffic accident”).

[Ground of recognition] The facts without dispute, Gap evidence 6, Eul evidence 5, each entry of Gap evidence 2, 4, and 5, Gap evidence 2, 5 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. We examine the legitimacy of the Plaintiff’s lawsuit against Defendant C ex officio on the lawfulness of the lawsuit against Defendant C.

In a lawsuit for confirmation, there shall be a benefit of confirmation as a requirement for protection of rights, and the benefit of confirmation shall be the plaintiff's rights or legal status.

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