채무부존재확인
1.The judgment of the first instance shall be modified as follows:
Attached Form
The plaintiff's obligation to pay insurance money in relation to the written accident.
1. The following facts may be found either in dispute between the parties or in combination with the whole purport of the pleadings at Gap evidence Nos. 1 to 4 (including the branch numbers for which each number is attached; hereinafter the same shall apply) and the images of Gap evidence No. 23.
The Plaintiff is an insurer who has entered into a comprehensive automobile insurance contract with F with respect to Dhives Vehicles (hereinafter “Plaintiff”). Defendant B is the E-wheeled Automobile (DUCATI) destroyed by the instant accident (DUCATI 1098S 2007) (hereinafter “Defendant O-B”).
(b) A. C is the owner of the Plaintiff’s vehicle on September 25, 2013. On September 23:45, 2013, when driving the Plaintiff’s vehicle and driving the Plaintiff’s land in the vicinity of the East Station Cultural Park Station in Jung-gu, Seoul and driving it in the two-lanes, and changing course from three to two-lanes, Defendant Oba in the latter part of Defendant B’s Defendant Oba was shocked into the left part of the Plaintiff’s vehicle (hereinafter “instant accident”).
C. The instant accident destroyed a fitness worn by Defendant Oral Ba and Defendant B, and Defendant B entrusted Defendant A with the repair business of Oral Baba and he entrusted the repair business of Oral Baba with all rights to receive insurance money equivalent to the cost of repair.
With respect to the instant accident, Defendant A claimed the repair cost of Defendant Oraba and Health Sticks, and Defendant B claimed the rental fee during the repair period.
2. In light of the interest in confirmation, Defendant B delegated all the rights to receive the insurance money equivalent to the repair cost to Defendant A while entrusting the repair of Defendant Oral Ba to Defendant A, and the fact that Defendant A accepted Defendant Oral Ba at the request of Defendant B and then directly claimed the repair cost to the Plaintiff is as seen earlier. The automobile maintenance business operator is obliged to maintain the vehicle covered by the insurance and transfer the right to claim insurance money or claim damages from the borrower against the insurer, etc.