채무부존재확인
1. As to the Plaintiff (Counterclaim Defendant)’s KRW 6,010,000 against the Defendant (Counterclaim Plaintiff) and its related thereto, the Plaintiff (Counterclaim Defendant) from November 26, 2013 to January 30, 2015.
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. At around 20:50 on May 14, 2013, Nonparty C driven B (hereinafter “Plaintiff”) on the road surface of the west-gu, west-gu, west-si, west-si, west-si, west-si, and concealed and damaged the rear part of the Defendant’s Trackter (hereinafter “Track”) operated in the front section while driving the two lanes of the two-lane road on the west-do.
(hereinafter referred to as “instant accident”). (b)
The Plaintiff, as an insurer who had entered into an individual car insurance with respect to the Plaintiff, paid KRW 5,950,000 in total to the Defendant for repair costs due to the damage of the instant track.
C. The defendant is the representative director of the D Co., Ltd., the borrower of the Track in this case.
[Ground of recognition] Facts without dispute, entry or video of Gap evidence Nos. 1 through 3 and 7, and purport of the whole pleadings
2. The parties' assertion
A. The gist of the Plaintiff’s assertion 1) The location of the instant accident is the road which is located adjacent to the central separation zone and both sides, and the vehicle is driven in high speed. As such, the agricultural machinery, etc. operating the said road has the duty of care to take measures to avoid any confluence on the rear side of the vehicle with reflectors and light lights, etc. However, as the Defendant was operated in a state where the Tracker’s Trackter was driven, there is 20% fault in relation to the instant accident. Accordingly, 1,19,000 won corresponding to the Defendant’s fault among the repair cost of KRW 5,950,00 already paid by the Plaintiff to the Defendant should be offset and processed.
3) The Defendant is seeking the Plaintiff to pay the lending fee of KRW 9,00,000 to the Plaintiff, but there is no ground for this. The appropriate parking fee of the instant fleet due to the instant accident is calculated by 90,470 won per day, and KRW 814,230 per day. If so, KRW 651,384, which is applied 20% to the Defendant’s negligence, is the lending fee that the Plaintiff pays to the Defendant. 4) Ultimately, if the Plaintiff offsets the above KRW 1,190,000 and KRW 651,384, the Plaintiff is not liable for damages to the Defendant.
B. The defendant.