채무부존재확인
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Facts of recognition;
A. The Plaintiff entered into an automobile comprehensive insurance contract with respect to A vehicles owned by C (hereinafter “Plaintiff”), and the Defendant entered into an automobile insurance contract with respect to B vehicles (hereinafter “Defendant”).
B. On October 28, 2013, the Plaintiff’s vehicle shocked the Defendant’s vehicle that was parked in the post at around 08:30 on October 28, 2013.
C. Around that time, the Defendant paid 460,000 won at the repair cost of the Defendant’s side vehicle.
[Ground for Recognition: Facts without dispute, evidence of No. 1 to 5]
2. The plaintiff's assertion and judgment that the above accident occurred due to the negligence of the plaintiff's driver, but there was no damage on the part of the defendant's automobile, so there was no damage on the part of the defendant's automobile, and the defendant paid the defendant's compensation to the insured.
It argues that this cannot be claimed to the plaintiff.
However, according to the statements and images of Eul evidence Nos. 1 through 5, it is recognized that the defendant's vehicle caused damage to the front driver, etc. in need of KRW 512,897 due to the above accident. Thus, the plaintiff, the insurer of the plaintiff's vehicle, is liable for the above damage to the owner of the defendant's vehicle, and the defendant who paid damages on behalf of the plaintiff can claim compensation to the plaintiff within the scope of his compensation.
3. If so, the plaintiff's claim is without merit, and it is so decided as per Disposition.