채무부존재확인
1. The plaintiff (Counterclaim defendant) based on the insurance contract listed in the attached Form 2 with respect to the traffic accident listed in the attached Form 1.
1. Basic facts
A. The status of the party (1) The Plaintiff is a company that entered into an automobile comprehensive insurance contract with respect to B vehicles owned by A (hereinafter “Plaintiff”) as shown in attached Table 2.
(2) The Defendant is the owner of a DNA 2008 Mz Y63 AMG vehicle (hereinafter “Defendant vehicle”) driven by C.
B. On December 12, 2012, C in the event of a traffic accident, around 08:48, while driving the Defendant’s vehicle on the roads near the F hotel located in Gangnam-gu Seoul, Seoul (hereinafter “the first accident”), and A in the event of a traffic accident, while driving the Plaintiff’s vehicle and following the Defendant’s vehicle, who stopped due to the said first accident (hereinafter “the second accident”).
The repair and siren (1) The Defendant’s vehicle destroyed the fronter, hedge lamps, Rablas, lag, backboard, right inside, etc. due to the primary accident, and damaged the rearer, back door, fences, plugs, plugs, etc. due to the second accident.
(2) On December 20, 2012, Defendant Company entered Defendant Company’s vehicle into Hyundai Embian Co., Ltd. for the repair of the vehicle, and thereafter, the repair was completed on January 19, 2013, and released the vehicle.
(3) The cost of repair due to the primary accident was KRW 8,394,00 and KRW 10,750,000 for the costs of the secondary accident.
(4) During the foregoing period from December 20, 2012 to January 3, 2013, the Defendant Company borrowed and lent the Defendant Company’s vehicle and the Genecar’s Havovoon vehicle, the same level of vehicle, from January 3, 2013 to January 19, 2013, and paid KRW 18,750,80 in total to the said Company on October 22, 2013 after being urged to pay the said Company.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4, 6, Eul evidence Nos. 3, 6, 7, and 8, and the purport of the whole pleadings
2. The assertion on the principal lawsuit and counterclaim claim by the parties
A. The plaintiff's main claim is that there was no need for borrowing and lending in light of the purpose of the use of the defendant's vehicle, and the repair due to the first accident is the defendant.