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(영문) 대전지방법원 2020.02.12 2018가단222782

채무부존재확인

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1. Regarding the accident described in the separate sheet, the Plaintiff’s obligation to pay insurance money to the Defendant is KRW 2,00,000.

Reasons

1. Facts of recognition;

A. The Plaintiff is an insurer who has entered into an automobile comprehensive insurance contract with D Co., Ltd. and E vehicles (hereinafter “Plaintiff vehicle”).

B. F, around July 11, 2018, around 18:45, 2018, while driving the Plaintiff’s vehicle in the Yacheon-gun Gpenta-gun, the Defendant’s leisure boats (registration number: H; hereinafter “instant beams”) was shocked.

[Ground of recognition] Facts without dispute, each entry of Gap evidence 1 to 4 (including provisional number), and the purport of the whole pleadings

2. Determination as to the cause of action

A. According to the fact of recognition as above, the Plaintiff is the insurer of the Plaintiff’s vehicle, and is obligated to pay the Defendant’s damages arising from the instant accident that occurred during the operation of the Plaintiff’s vehicle as the insurance money.

B. 1) The Defendant asserted that the accident in the instant case caused damages equivalent to KRW 19,030,000 for repair costs due to the tearing two parts on the left side of the instant Bot, and the qui two sides of the carrier’s quis, etc., but it is insufficient to acknowledge that the entries in the evidence No. 2 (W/C) alone are KRW 19,030,000 for repair costs of the instant Bot. The Defendant’s assertion is without merit (the Defendant decided to file an application for appraisal to calculate the amount of damages of the instant Bot, but the Defendant did not proceed with the appraisal procedure.

(2) Therefore, the amount of damages caused by the instant accident does not exceed 2,00,000 won recognized by the Plaintiff, and as long as the Defendant contests the said amount, the Plaintiff is a benefit of confirmation.

3. The plaintiff's claim of this case is justified.