채무부존재확인
1. With respect to the accident described in the attached list 1, the damages against the Defendant (Counterclaim Defendant) by the Plaintiff (Counterclaim Defendant).
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. On July 15, 2016, around 11:44, 201, the C5 tons truck owned by B, which was parked at the street in front of the University Hospital of the Korea Meal Dong-dong University (hereinafter referred to as the “instant Aquatic Vehicle”), was discharged from the parking brake, and was shocked by the front section of the D vehicle parked in the Defendant’s front section, and D shocked the front section of the E vehicle parked on the front section (hereinafter referred to as “each damaged vehicle”). D, which was sealed in the front section of the instant vehicle and E, was shocked by the front section of the vehicle.
(hereinafter “instant accident”). B.
At the time of the instant accident, each of the damaged vehicles was loaded with each of the broadcasting and photographing equipment indicated in the item and quantity column in the attached Form 2 “damage by photographing equipment” owned by the Defendant (hereinafter “each of the instant broadcasting and photographing equipment”).
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 3, the purport of the whole pleadings
2. According to the above fact of recognition that the liability for damages occurred, B, as the insurer of the instant sea-going vehicle, should completely manipulate the instant sea-going vehicle so that parking operation devices do not unfasible, and get off the vehicle. However, due to negligence that neglected such duty of care, led to the collision of each of the instant damaged vehicles parked on the front bank by removing the parking operation devices of the instant sea-going vehicle. Thus, barring special circumstances, the Plaintiff is liable to compensate the Defendant for the damages suffered by the Defendant due to the instant accident as the insurer of the instant sea-going vehicle.
3. Scope of liability for damages
A. In full view of the aforementioned evidence, such as the cost of repairing each of the instant broadcasting photographing equipment, and the result of appraiser F’s appraisal and the purport of the entire pleadings, each of the instant broadcasting photographing equipment loaded on each of the instant vehicles shall be repaired as indicated in the “content” column in attached Table 2 due to the instant accident.