채무부존재확인
1. The plaintiff (Counterclaim defendant) due to an accident described in paragraph 2 of the attached Table based on the mutual aid agreement stated in attached Table No. 1.
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. The Plaintiff is a mutual aid contractor who entered into a mutual aid agreement with C, the main purpose of which is to pay mutual aid money in relation to losses incurred in the operation of DK5 Private Taxi Vehicles (hereinafter “Plaintiff”) owned by C during the period from September 4, 2016 to September 4, 2017 (hereinafter “instant mutual aid agreement”).
B. At around 12:10 on December 27, 2016, C, while driving the Plaintiff’s vehicle at the third deputy head inside the F filling Station in Yacheon-si, Ma, caused an accident that shocks the Defendant’s left side side of the instant accident (hereinafter “instant accident”).
C. The Defendant received treatment due to the instant accident by suffering from the malute of the name and the salute of the parts in the front line.
Under the instant mutual aid agreement, the Plaintiff paid KRW 4,107,380 to the Defendant as medical expenses from December 29, 2016 to December 29, 2018.
【Ground of recognition】 The fact that there has been no dispute, entry of Gap Nos. 1 through 5, and 8, the purport of the whole pleading
2. Determination on the main claim
A. The plaintiff asserted that even though the defendant paid all medical expenses due to the accident of this case to the defendant, the plaintiff claimed for the payment of damages by asserting the amount of lost income, medical expenses, etc., so it is sought to confirm that the plaintiff's obligation to pay damages due to the accident of this case against the defendant under the contract of this case does not exist.
B. Determination 1) The instant accident, based on which liability for damages was incurred, was caused by the breach of the duty to follow-up while driving the Plaintiff’s vehicle. Therefore, the Plaintiff, who entered into a mutual aid agreement with respect to an accident during the operation of the Plaintiff’s vehicle, is liable to compensate the Defendant for damages arising from the instant accident
B. Whether or not to limit liability is limited to the plaintiff's vehicle that the defendant was on duty in the third Deputy Commissioner.