채무부존재확인
1. C Vehicle B driven on March 30, 2014. On March 30, 2014, around 18:35, the Plaintiff’s Defendant related to the collision of D vehicles.
1. The following facts of recognition are not disputed between the parties, or may be acknowledged by adding up the whole purport of the pleadings to each entry in Gap evidence Nos. 1 and 3:
B, around 18:35 on March 30, 2014, while driving a C vehicle and making a left turn at the three-lane of the intersection, such as the signal, etc. in the vicinity of the upper Dong-dong Middle School in Bupyeong-si, Seocheon-si, Seoul, the collision of D Ecoos vehicle that was driven directly from one-lane in the same direction.
(hereinafter “instant accident”). (b)
The Plaintiff is an insurer who has entered into an automobile comprehensive insurance contract with B and C, and the Defendant is the owner of D Ecoos Vehicle (hereinafter “Defendant Vehicle”).
2. The parties' assertion
A. The Plaintiff’s assertion 1) The instant accident constitutes an insurance accident to which the Plaintiff’s automobile insurance clause applies, and thus, the Plaintiff, the insurer, bears the obligation to pay insurance money to the Defendant. (2) According to the Plaintiff’s common automobile insurance clause, the Plaintiff’s automobile insurance clause states that, in the event of an automobile accident (hereinafter “accident damage”), the cost of repairing a motor vehicle due to an accident (limited to a motor vehicle not exceeding two years after the departure) exceeds 20% of the value of the motor vehicle immediately before the arrival of the accident, 15% of the cost of repairing a motor vehicle not exceeding one year after the release.
3) The Defendant’s vehicle is a vehicle less than one year after the arrival of the instant accident, and the mid-to-date notice at the time of the instant accident is about KRW 74,00,00. The direct repair cost incurred due to the instant accident is merely KRW 6,793,050, and the Plaintiff cannot be held liable for damages arising from the instant accident. (B) The instant accident occurred only 4 days after the purchase of the Defendant’s vehicle was registered, and the repair cost incurred by the Defendant reaches KRW 10,703,185 in total.
2. The defendant vehicle's price is KRW 15,00,000 even after repair due to the accident in this case.