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(영문) 대전지방법원천안지원 2015.11.25 2014가단111098
채무부존재확인
Text

1. On August 23, 2014, the occurrence occurred during the operation of B vehicles at the parking lot of the Sinsan-si 2, Gasan-dong, Sinsan-si, Sinsan-si, Sinsan-si.

Reasons

1. On August 23, 2014, at around 18:29, the fact that C, while driving a vehicle B (the Plaintiff entered into a comprehensive automobile insurance contract with the Plaintiff) and driving the vehicle B, did not live well in the back at the parking lot of the new family reservoir at Asan-si, the Defendant-owned Dock (hereinafter “the instant bck”) that was parked there, and caused damage to the said bck’s bck control tower, plr, fuel tank, pressle, mastr, etc. (hereinafter “instant accident”) by taking into account the dispute between the parties, or the overall purport of the appraiser E’s appraisal as a result of the appraiser E’s appraisal.

2. Determination

A. According to the above facts, the Plaintiff is liable for the damages suffered by the Defendant due to the instant accident.

B. 1) In full view of the appraisal result of the repair cost appraiser E, fact-finding inquiry reply, and the purport of the entire pleadings, the instant Back suffered damage to the Podern control tower, machine fluor, fuel tank, pressur, mastur, etc. due to the instant accident, and it can be acknowledged that the repair cost was 28,413,00 won (including value-added tax) with the repair cost.

Therefore, the Plaintiff should pay KRW 28,413,00 to the Defendant for the repair cost due to the instant accident.

As to this, the Plaintiff asserts to the effect that the repair cost exceeds the exchange price at the time of the accident as it is merely 6 million won at the time of the accident, so the repair cost should be assessed as an economic repair condition and the repair cost should be recognized only to the extent of 6 million won, which is the exchange value.

However, there is no evidence to acknowledge the Plaintiff’s assertion that the exchange value at the time of the instant accident is only six million won. Rather, according to the appraiser E’s appraisal results and the purport of the entire argument, this is examined.

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