채무부존재확인
1. The Plaintiff (Counterclaim Defendant)’s obligation to pay insurance proceeds based on the insurance contract in the attached list to the Plaintiff (Counterclaim Plaintiff).
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Facts of recognition;
A. The Plaintiff, an insurance company, entered into an insurance contract with the Defendant with respect to automobiles owned by the Defendant benz s s s 350 (hereinafter referred to as the instant vehicle) as shown in the separate sheet.
B. On April 27, 2016, the Defendant, while driving the instant vehicle around 23:45 on April 27, 2016, caused an accident where the retaining wall at the entrance of the Jin-si, Jin-si, Jin-si, Jin-si was located, and the repair cost exceeds the purchase price.
C. The insurance money to be paid for self-vehicle damage under the instant insurance clause is the amount of damage incurred to the insured automobile - the amount of self-payment stated in the insurance policy.
(1) Expenses incurred in the prevention and mitigation of losses and (2) Expenses incurred in exercising a right to receive damages from South Korea, and compensation shall be made regardless of the amount of insurance coverage.
Self-charges shall not be deducted if all the insured motor vehicles are damaged, or if the amount to be compensated by the insurance company is more than the total amount of the insurance coverage.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 6, the purport of the whole pleadings
2. According to the facts of recognition, the Plaintiff is obligated to pay 24,400,000 won to the Defendant and damages for delay, unless there are special circumstances, as the Plaintiff suffered damage above the purchase price of the instant vehicle.
The plaintiff alleged that the defendant intentionally caused an accident that the defendant had no obligation to pay insurance proceeds, but the evidence alone submitted is insufficient to recognize this part of the claim.
The plaintiff asserts that the insurance amount should be reduced to KRW 12,00,000 in accordance with Article 669(1) of the Commercial Act because the defendant purchased the instant vehicle in KRW 12,00,000 and the insured amount substantially exceeds the value of the subject matter of the insurance contract.
The insurance contract of this case is an insurance contract which has agreed in advance.