채무부존재확인
1. As to the insured events listed in the attached Form 2, the Plaintiff’s damage compensation based on the insurance contract indicated in the attached Form 1 against the Defendant
1. At around 11:30 on January 7, 2017, B, while driving a C vehicle in the vicinity of the intersection of the 3-lane, Shipyeong-dong (hereinafter referred to as “Plaintiff vehicle”), the vehicle line was changed while driving the two-lanes among the three-lanes. At the time, the left-hand side of the Defendant Driving D vehicle (hereinafter referred to as “Defendant Vehicle”) running on the three-lanes at the end of the 3-lane, the left-hand side of the Plaintiff vehicle was shocked to the right-hand side of the vehicle.
(hereinafter “instant accident”). The Defendant was diagnosed as “satisf and tensions” due to the instant accident, and received outpatients for 45 days from January 11, 2017 to October 19, 2017.
The Plaintiff was an insurance company that entered into an automobile comprehensive insurance contract with respect to the Plaintiff’s vehicle, and paid a total of KRW 1,593,580 to the Defendant’s medical expenses.
On July 13, 2017, Samsung Fire and Marine Insurance Co., Ltd. filed a claim suit against Defendant Samsung Fire and Marine Insurance Co., Ltd., an insurance company of Defendant vehicle, issued a compulsory adjustment decision that the Plaintiff would pay KRW 3,165,530, which is equivalent to 90% of the claim amount to Samsung Fire and Marine Insurance Co., Ltd. by August 10, 2017, and the said decision was finalized on August 5, 2017.
[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 6, purport of whole pleadings
2. The assertion and judgment
A. (1) The Plaintiff’s assertion (1) appears to have completely cured the Defendant’s injury by fully paying the Defendant’s medical expenses incurred from the instant accident. However, the Plaintiff’s injury to be paid to the Defendant in accordance with the automobile insurance policy (=150,000 won x 90% of the Plaintiff’s fault x 324,000 won, such as consolation money, transportation expenses, etc. (=8,000 x 45 days x 90% of the Plaintiff’s fault x 90% of the Plaintiff’s fault x 135,350 won (=135,593,580 won x 1,593,580 x 10% of the Defendant’s fault x 10% of the medical expenses already paid by the Plaintiff), demanding that the Defendant do not have any large amount of damages exceeding 29,650 won (=459,000 won).