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(영문) 창원지방법원 진주지원 2018.06.01 2017가단32202
채무부존재확인
Text

1. On February 16, 2017, an accident occurred during the operation of B vehicles at the 73-distance Intersection by Jinju-si, Jinju-si.

Reasons

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

1. Basic facts

A. The Plaintiff is an insurer who has concluded a comprehensive driving insurance contract by proxy with respect to accidents that occurred during the commission of a substitute driver under his/her jurisdiction as an insured person, and the Defendant is the owner of DNA business Ba 650 Oba (hereinafter “Defendant vehicle”).

B. On February 16, 2017, E, an agent driver of “C”, was driving a vehicle B owned by F (hereinafter “Plaintiff”) on behalf of the Plaintiff on behalf of the Plaintiff and the left-hand turn at the three-distance Intersection located in 73, Jinju City, the front side of the Defendant’s vehicle, the left-hand turn-hand turn of which conflict with the front side of the left-hand side of the Plaintiff’s vehicle.

(hereinafter referred to as “instant accident”). C.

Plaintiff

In addition, the Defendant Vehicle Insurance Co., Ltd agreed on the negligence ratio of the instant accident to 80% of the Plaintiff Vehicle and 20% of the Defendant Vehicle.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1, images of Gap evidence 2 and 3, fact-finding results of this court's fact-finding, purport of whole pleadings

2. The assertion and judgment

A. The plaintiff's assertion 1) The amount of damages incurred to the defendant due to the accident in this case is a total of 6,023,980 won [the amount of damages directly incurred to the defendant = 5,233,00 won of the leave fee of 267,680 won per day = 16,70 won of the leave fee of 16,730 won (=5,760 won per day x 30%) x 16 days (= 2 days of the repair period of 14 days for the part procurement period) equivalent to the decline amount of the defendant's vehicle(s 5,233,000 won x 10%) x 4,819,184 won of the defendant's vehicle x 25% of the amount of damages suffered to the defendant's vehicle x 305% of the amount of damages suffered to the defendant's vehicle x 205% of the amount of damages suffered to the defendant's vehicle 205% of the above.

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