채무부존재확인
1. The Plaintiff’s obligation to pay insurance proceeds to the Defendant is set forth in attached Table 1-A.
36. 36.
1. Basic facts
A. The plaintiff is a company running non-life insurance business, etc., and the defendant is a company running the automobile maintenance business, etc.
B. (1) The Plaintiff entered into a comprehensive automobile insurance contract (hereinafter referred to as the “instant K5 vehicle”) with A, as to the attached Table 1 attached hereto (hereinafter referred to as the “instant K5 vehicle”).
The insurance contract was entered into as described in the subsection.
(2) With respect to the motor vehicle that is translified with C (hereinafter referred to as the “motor vehicle”) in attached Table 1 attached hereto 2-B.
The insurance contract was entered into as described in the subsection.
C. (1) On February 21, 2014, A, while driving a vehicle of this case around 12:28 on February 21, 2014, attached Table 1-A.
The accident described in the subsection has occurred.
A immediately after the occurrence of the foregoing accident, A requested the Defendant to repair the 5 vehicle damaged by the said accident, and the Defendant completed the repair of the said vehicle on February 21, 2014.
(2) C) On January 31, 2014, at around 06:58, 06:58, while driving a motor vehicle, at attached Table 1-B.
The accident described in the subsection has occurred.
C immediately after the occurrence of the above accident, C requested the Defendant to repair the vehicle after being destroyed by the above accident, and the Defendant completed the repair of the vehicle on February 8, 2014.
(1) In the event of a dispute between the Plaintiff and the Defendant, the Defendant acquired each insurance claim equivalent to the repair cost under each insurance contract of this case against the Plaintiff from A and C, and claimed KRW 1,948,041 as the repair cost of the instant K5 vehicle, and claimed KRW 1,571,964 as the repair cost of the instant franchise.
(2) Accordingly, while recognizing the fact that the Defendant acquired each insurance claim against the Plaintiff from A and C, the Plaintiff filed the instant lawsuit against the Defendant while disputing the propriety of the repair details of each of the instant vehicles.
E. Article 16 of the former Guarantee of Automobile Accident Compensation Act (amended by Act No. 11690, Mar. 23, 2013) provides for the relevant public announcement of reasonable maintenance charges for automobile accident insurance.