채무부존재확인
1. The Plaintiff (Counterclaim Defendant) against the Defendant (Counterclaim Defendant) due to a traffic accident stated in the attached Form “insurance accident”.
[Seed by the combination of principal lawsuit and counterclaims]
1. Basic facts
A. A is the owner of B vehicle, and the Plaintiff subscribed to the “Comprehensive Motor Vehicle Insurance Co., Ltd.” sold by the Plaintiff at KRW 200,000,000. Accordingly, the Plaintiff is liable for damages to the victims of the traffic accident related to the said vehicle.
B. On November 22, 2013, which is within the insurance period of the foregoing insurance contract, A, while driving the above vehicle, caused a traffic accident (hereinafter “instant Defendant vehicle”) shocking the C vehicle owned by the Defendant (hereinafter “instant traffic accident”) as indicated in the attached Form “Insurance Accident” and caused physical damage to the Defendant.
C. The Plaintiff paid the Defendant KRW 32,505,00 in total on two occasions, including KRW 7,997,00 on April 24, 2014, and KRW 24,508,00 on May 2, 2014.
【Ground for Recognition: Each entry in Gap's 2, 4, 6, 7, and 8 (including branch numbers, if any) and the purport of the whole pleadings
2. Summary of the parties' arguments;
A. The Defendant’s damage caused by the instant traffic accident is KRW 34,539,570, including ① the sum of the repair cost of the Defendant’s vehicle, ② the number of 2,505,810, ② the number of 2,033,760, and KRW 200 (101,688 per day x 20 days). The Defendant breached its duty of care to properly examine the progress of another vehicle and safely proceed through the intersection, and the Defendant’s negligence affected the said traffic accident, and thus, the Defendant’s fault should be partially offset.
Here, if the Plaintiff deducts KRW 32,505,00 already paid, the Defendant asserts that there is no liability for damages against the Defendant due to the instant traffic accident even though there is no liability for damages against the Defendant. Therefore, the Defendant seeks to confirm the existence of the obligation as the principal claim.
B. Among the damages caused by the instant traffic accident by Defendant, (1) the number of damages caused by the instant traffic accident is KRW 21,000,000 per day ( KRW 350,000 per day x 62 days) and (2) the price decline of the instant Defendant’s vehicle.