채무부존재확인
1. The Plaintiff (Counterclaim Defendant) paid KRW 9,296,00 to the Defendant (Counterclaim Plaintiff) for KRW 9,296,00 and the amount from August 4, 2014 to October 7, 2015.
A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.
1. Basic facts
A. On August 4, 2014, around 12:27, 2014, B driven a CA car (hereinafter “Plaintiff’s insured vehicle”) and received the rear part of the Defendant’s automobile owned by the Defendant (hereinafter “Defendant”), which was the front part of the Plaintiff’s insured vehicle (hereinafter “Defendant’s vehicle”) while driving on the road located in the additional Dong in Geumcheon-gu Seoul Metropolitan Government.
(The accident of this case). (b)
In the instant accident, there was a 16 set of golf loans (ZIPNG, ZIPNG, hereinafter “instant golf loans”) on the troke line between the Defendant vehicle and the troke line, and the parts of the 16 sets of golf loans were attached to the fronter, fences, bridges, and bridges, etc. of the Plaintiff vehicle. After the instant traffic accident was confirmed immediately after the instant traffic accident, there were 16 parts of the troke.
(16) The 7 out of 16 persons were attached with the club Hd, and the remaining 9 persons were only showers without the club Hd).
The Plaintiff is an insurer who has entered into an automobile insurance contract with B and the Plaintiff to compensate for personal and material damage, and the limit of physical damage (property damage) is KRW 200 million.
[Grounds for recognition] Unsatisfy, Gap 1-4 evidence, the purport of the whole pleadings
2. The parties' assertion
A. The golf loans of this case asserted by the plaintiff are used goods already damaged before the traffic accident of this case, and they are not damaged due to the traffic accident of this case. Thus, the plaintiff is not obliged to pay insurance money.
B. Since the golf loans in this case were departments due to the instant traffic accident asserted by the Defendant, the Plaintiff is obligated to pay the Defendant damages (insurance money) equivalent to the golf loans value.
3. Determination
A. In full view of the existence of liability for damages 1: (a) evidence Nos. 2 to 4; and (b) evidence Nos. 1; and (c) part of evidence Nos. 5 and 6; and the purport of the entire pleadings, the Defendant sells sports products, such as golf bonds.