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(영문) 서울서부지방법원 2015.08.27 2014가합36115
채무부존재확인
Text

1. On November 30, 2013, the Plaintiff (Counterclaim Defendant) is involved in a traffic accident that occurred between B and C vehicles around 22:00.

Reasons

1. The facts following the facts of recognition do not conflict between the parties, or may be acknowledged by adding the whole purport of the pleadings to the entries in Gap evidence No. 10.

The plaintiff is a mutual aid business operator who has entered into a comprehensive motor vehicle mutual aid agreement with one tourist transportation business corporation for B buses.

B. Around 22:00 on November 30, 2013, the bus was brought back within the E-owned station located in Chungcheongnam-nam Budget-gun D, and was parked there, and the vehicle C owned by the Defendant (hereinafter “instant vehicle”) was shocked.

(hereinafter “instant accident”). C.

On December 13, 2013, in order to repair a vehicle due to the instant accident, Defendant A entered the instant vehicle into the Repair Business on December 13, 2013, and the Repair Business commenced on December 31, 2013 and completed repair on January 17, 2014, Defendant A released the instant vehicle on January 27, 2014.

Defendant A leased and used a vehicle from the Defendant Company from December 13, 2013 to January 27, 2014, which entered the instant vehicle into the Repair Business, from January 27, 2014, and rent was KRW 440,000 per day (including value-added tax; hereinafter the same shall apply).

E. The Plaintiff’s general terms and conditions of automobile mutual aid include the following provisions concerning the rental fee.

3. Loan charges;

(a) Where it is necessary to use the relevant idle motor vehicle (including construction machinery) on behalf of another motor vehicle for the period during which it cannot be operated because it is destroyed or damaged;

(c)the recognition period (i.e., if acceptable, the period until the completion of the repair, and up to 30 days;

2. The principal lawsuit and counterclaim of the parties shall be considered together.

A. The Plaintiff pays rent for a reasonable period of time that is objectively determined depending on the actual repair or the actual repair condition. Considering the damaged parts and degree of the instant vehicle caused by the instant accident, the appropriate repair period of the instant vehicle is two days.

Therefore, the lending fee that the Plaintiff should pay to the Defendants is KRW 880,000 = 2 days x 1 days.

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