채무부존재확인
1. B On August 9, 2013, during operation around 2:26, 2013, the vehicle B was parked on the coast of the middle-gu Incheon, Jung-dong 1 North-dong.
The principal lawsuit and counterclaim shall also be deemed to have been filed.
1. Basic facts
A. On August 9, 2013, when the rash vehicle volume (hereinafter “Plaintiff”) was in operation, there was an accident (hereinafter “instant accident”) that shocks the back portion of the vehicle CPozers 911 (hereinafter “Defendant vehicle”) owned by the Defendant, which was parked on the coast route of the mid-gu Incheon, Jung-gu, Incheon, the 1st century.
At the time of the instant accident, the Defendant’s vehicle was placed with a spller (hereinafter “spller”) manufactured from the Pining company located in the United States at the time of the instant accident.
B. At the time of the instant accident, the Plaintiff is an insurer who entered into a comprehensive automobile insurance contract (hereinafter “instant insurance contract”) with D as to the Plaintiff’s vehicle B (hereinafter “Plaintiff’s vehicle”). The Defendant’s obligee is the insurer who entered into the automobile insurance contract with respect to the Defendant’s vehicle.
C. As to the instant accident, the Defendant claimed KRW 70 million as the repair cost to the Plaintiff, and the Plaintiff filed the instant lawsuit seeking confirmation of the existence of the obligation against the Defendant.
In the instant lawsuit, the result of the appraisal of the repair cost for the Defendant’s vehicle (14,167,880 won) was much smaller than the Defendant’s above claim amount, and the Defendant claimed the Defendant’s repair cost for the Defendant’s vehicle to the Intervenor, who is the insurer, in accordance with the special agreement on vehicle damage (i.e., the vehicle), and the Defendant paid KRW 19,790,000 as the repair cost, except for the part of the machine, to the Pool service center, and KRW 10,90,690,000 as the repair cost for the repair to the maintenance company (E).
[Ground for recognition: Facts without dispute, Gap 1, 3, 5, Eul evidence 9 (including each number; hereinafter the same shall apply)
(2) Each entry, the result of the commission of appraisal of repair costs to appraiser F by this Court, the purport of the entire pleadings
2. The accident in this case occurred due to the negligence of the driver of the Plaintiff’s vehicle.