채무부존재확인
1. The Plaintiff (Counterclaim Defendant) filed against the Defendant (Counterclaim Plaintiff) a gold of KRW 7,044,797 and its related thereto from February 3, 2015 to September 29, 2017.
The principal lawsuit and counterclaim shall be judged together.
1. Occurrence of basic facts and liability for damages;
A. The Plaintiff is an insurer who entered into a comprehensive motor vehicle insurance contract on April 12, 2012 with respect to a motor vehicle number C, the insured and driver B, and the insurance contract period as of April 12, 201, with respect to the non-party B-owned vehicle (hereinafter “insured vehicle”). The Defendant is the victim who suffered damage by the insured vehicle on January 31, 2012.
B. On January 31, 2012, the Plaintiff’s liability for damages and the occurrence of a traffic accident and the Plaintiff’s liability for damages caused injury to the Defendant by the collision of the front part of the D vehicle driven by the Defendant, by disregarding the signal in the state of alcohol concentration of 0.132%, while driving the two-lane road in front of Suwon-si, Suwon-si, Suwon-si, Gyeonggi-do at a speed of speed from the upstream to the speed of the speed of the city at an speed of speed of 0.132% at the speed from the upstream of the water source, by driving an insurable vehicle around 04:50 on January 31, 201.
(2) On April 18, 2012, subparagraph B of the instant accident, Section B received notice of KRW 4,000,000 from the Suwon District Court Decision 201Da3178, Apr. 18, 2012, as well as the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, and as a fine of KRW 4,00,00,000
6.6. Finality was established.
According to the above facts, the plaintiff is liable for the damage suffered by the defendant as an insurer who concluded a comprehensive insurance contract with B, unless there is any special reason such as exemption from liability, etc., under the Guarantee of Automobile Accident Compensation Act and the Civil Act.
[Reasons for Recognition] Facts without dispute, Gap evidence 1 through 5, Gap evidence 10 through 12, Eul evidence 5, 7, 8, 11, 13, and 14 (each number is included; hereinafter the same shall apply), the purport of the whole pleadings
2. The key issue of this case - With respect to the defendant's injury (the degree of contribution of this case) caused by the accident of this case and the defendant's injury to the defendant, the plaintiff's injury of this case shall be sleep, inner part, and right slot.