채무부존재확인
1. At around 22:30 on July 24, 2015, Nonparty B was moving to Nonparty B’s vehicle in the Bupyeong-dong Bupyeong-gu Incheon Bupyeong-gu Bupyeong-gu Bupyeong-gu, Incheon.
1. The plaintiff's assertion
A. The Plaintiff entered into a mutual aid agreement that guarantees liability for damages arising from a motor vehicle accident of the said truck with the Nonparty Uagabonds (the owner and the driver of the C truck) who is the owner and the driver of the C truck.
B. On July 24, 2015, around 22:30 on July 24, 2015, the said B conflict with the wing wing-line left-hand side of the D Cargo Vehicles parked at the driver’s attention while driving the said C Vehicle in the Bupyeong-dong Bupyeong-gu Incheon Bupyeong-gu Bupyeong-gu Busan Metropolitan Government Central Cheongcheon-gu.
(hereinafter referred to as the "accident of this case")
C. The Defendant is the owner of the damaged vehicle, and the damaged vehicle is merely the one marked by the external panel of freezing wing, but the Defendant demands to pay KRW 17,700,000 for the total manufacturing cost of freezing wing.
Therefore, the Plaintiff asserted that, as a mutual aid business operator, the instant claim was filed in order to confirm that there was no liability to pay insurance proceeds exceeding KRW 500,000,00 for the repair cost incurred from the instant accident out of the freezing wing of the damaged vehicle.
2. According to the judgment evidence No. 4, following the instant accident, it can be seen that the wing damage amounting to KRW 500,000 for the freezing damage of the damaged vehicle due to the instant accident. Since the Defendant demanded a freezing manufacturing cost as a whole, there is a benefit to seek confirmation that there is no insurance payment liability for the repair cost or manufacturing cost exceeding KRW 500,000.
3. It is so decided as per Disposition by the assent of all participating Justices on the ground that the plaintiff's claim is reasonable.