채무부존재확인
1.The judgment of the first instance shall be modified as follows:
The "accident and insurance details" attached to the Plaintiff (Counterclaim Defendant).
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. The Plaintiff is an insurer who has concluded an automobile insurance contract with respect to Franchising car owned by E (hereinafter “instant vehicle”), and the Defendant is the owner of Cnis vehicle (hereinafter “Defendant vehicle”).
B. On February 15, 2015, E parked the instant vehicle in B apartment 103 underground parking lots (hereinafter “instant underground parking lots”) located in Seocheon-gu, Seocheon-gu, Seocheon-si, and around 15:17 on the same day after around 3 hours from that date, the instant vehicle parked in the instant underground parking lot, as stated in paragraph (1) of the “accident and Insurance Details”, was partially damaged by the Defendant’s vehicle that was parked next to the said fire and part of the outer wall of the instant underground parking lot (hereinafter “instant fire accident”).
【Non-contentious facts, Gap’s evidence 1, 2, Eul’s evidence 3-1, 2-2, and the purport of the whole pleadings
2. The parties' assertion;
A. Since there is no defect in the installation and maintenance of the instant vehicle as to the intent of the Plaintiff’s assertion, E, the owner of the instant vehicle, is not liable to compensate for the damages suffered by the Defendant due to the instant fire accident. Even in cases where the liability for damages under family E is recognized, the amount of damages shall be reduced in accordance with Article 3 of the Act on the Liability
B. Although there is no evidence suggesting that the fire of the instant vehicle was caused by external factors, the cause of the instant fire accident is likely to be caused by electric power distribution lines based on the engine ECU and crylates, and pipes pipe around the instant vehicle, and the cause of the instant fire accident is likely to be caused by electric causes.
Therefore, E, the owner of the instant vehicle, is liable for the damages incurred to the Defendant due to the defect in the installation and preservation of the structure.