채무부존재확인
1. With respect to an accident described in the separate sheet, the damages liability of the Plaintiff against the Defendant shall not exceed 310,000 won.
1. On March 30, 2015, the fact that the Plaintiff, while driving a car for car in the parking lot (hereinafter “Plaintiff”) on March 30, 2015, caused damage to the Defendant-owned Lone Star car (hereinafter “Defendant-owned car”) due to the occurrence of contact with the same accident as the attached Form (hereinafter “instant accident”) and leaving the parking lot. There is no dispute between the parties.
2. The parties' assertion
A. The Plaintiff’s assertion that the damage inflicted on the Defendant’s vehicle is insignificant due to the instant accident, and thus, it is sufficient to recover the damage due to the disbursement of the repair cost of KRW 150,000,000. However, the Defendant demanded that the repair cost exceeding the appropriate level through unnecessary vehicle repair and pay the amount as damages. As such, the Plaintiff’s compensation liability against the Defendant regarding the instant accident does not exceed 150,000,000.
B. The defendant asserted that the accident of this case caused damage equivalent to KRW 2,00,00,000, which is the amount equivalent to self-paid automobile insurance among KRW 600,000,000 for automobile repair expenses, KRW 110,000 for a day, and KRW 1,740,000 for business losses due to delay in vehicle repair, and KRW 58-day business losses due to delay in vehicle repair, and thus, there is a liability for the plaintiff to pay the amount equivalent to the amount of damages to the defendant.
3. Determination
A. Comprehensively taking account of the overall purport of the pleadings and arguments in the descriptions or videos in the evidence Nos. 5 to 14, the Defendant’s vehicle was registered as a new lane on July 26, 2013 in the form of 2014, and there was no particular accident prior to the instant accident, and the vehicle price (based on the amount of automobile insurance) was approximately KRW 17,90,000,000; ② due to the instant accident, there was a defect in the fronter of the Defendant’s vehicle; ③ as the Defendant continued to be unable to obtain the vehicle repair from the Plaintiff, the perpetrator, the Defendant was admitted to the Defendant’s vehicle on May 27, 2015.