채무부존재확인
1. The main office of this case shall be dismissed.
2. The Plaintiff (Counterclaim Defendant) is against the Defendant (Counterclaim Plaintiff) KRW 2,998,210 and the Plaintiff’s counterclaim.
A principal lawsuit and a counterclaim shall be deemed as the same.
1. Basic facts
A. At around 09:30 on July 30, 2015, the Plaintiff, while driving a DNA excavation machine (hereinafter “instant excavation machine”) at the site of the C&D at the C&D site and carrying out the floor construction, caused an accident (hereinafter “instant accident”) that shocks the left side of the E dump truck owned by the Defendant (hereinafter “instant truck”).
B. Following the instant accident, the Defendant directly driven the instant truck and carried it into the F Office located in Gyeongnam-gun (hereinafter “instant business establishment”) and carried out cooling water exchange work.
C. The Plaintiff subscribed to the automobile insurance of Samsung Fire and Marine Insurance Co., Ltd. (hereinafter “instant insurance company”). The instant insurance company paid KRW 600,000 to the Defendant for the cost of correcting the sales of the instant truck.
The defendant's month as of August 3, 2015
4. The truck of this case was operated on G and H seated G and carried out transportation work.
E. Since then, the Defendant requested the instant truck to store and maintain the instant truck at the instant place of business, and on August 10, 2015, the instant place of business issued a quotation (Evidence A7) to the effect that the instant truck takes KRW 2,795,980 as repair expenses (including parts and emptys) for the exchange of finished goods, etc. (including parts and emptys).
F. On September 7, 2015, the instant business office issued a detailed statement of automobile inspection and maintenance (Evidence A 1) to the effect that the instant truck takes 22,810,480 won for repairing the Hd and gas diskettes exchange, etc. on the instant truck on October 7, 2015. (2) On October 7, 2015, the instant truck repair was completed, and 35,869,680 won for the repair cost of the Hd and gas diskettes exchange, etc. on the instant truck, and issued a detailed statement of automobile inspection and maintenance (Evidence B-1, 680) for the instant truck.
[Reasons for Recognition] Facts that there is no dispute between the parties, A, and I