채무부존재확인
1. As to the traffic accident stated in the attached list, the repair cost for the plaintiff (Counterclaim defendant) to the defendant (Counterclaim plaintiff).
A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.
1. Basic facts
A. As a mutual-aid association under the Passenger Transport Service Act, the Plaintiff entered into a comprehensive motor vehicle mutual-aid agreement with D, a member company, with respect to the motor vehicle for the period of mutual-aid (hereinafter “Plaintiff-motor vehicle”), setting the period from March 12, 2015 to March 12, 2016.
The defendant is a corporation operating automobile maintenance business, etc.
B. On October 22, 2015, around 09:30 on October 22, 2015, the Plaintiff’s vehicle, as indicated in the attached list, was faced with an accident where the fK7 vehicles stopped due to a signal change (hereinafter “victim vehicle”) while proceeding in the vicinity of the Sari Station in the direction of the Sari Station in the south-gu Seoul Metropolitan Government on the south-west Station, and thereby, the vehicle was destroyed by the rearer, the rearer, the rear light, etc. of the damaged vehicle.
(hereinafter referred to as “instant accident”). C.
D Co., Ltd. entered damaged vehicles into the Defendant on October 22, 2015, and the Defendant completed repair and released the damaged vehicles on November 23, 2015.
[Ground of recognition] Facts without dispute, Gap evidence 1, Eul evidence 1, and the purport of the whole pleadings
2. The parties' assertion and judgment
A. The plaintiff's assertion 1) The plaintiff's assertion (the plaintiff's claim for the main claim) that the reasonable repair cost of the damaged vehicle due to the accident in this case is KRW 2,453,00, and the plaintiff does not have the duty to pay the repair cost due to the above accident to the defendant. 2) The defendant's argument (the counterclaim claim) is asserted to the following purport.
① The Defendant concluded a payment guarantee agreement with the Plaintiff to pay the repair cost (7,290,045 won) after recognizing the method and scope of repair of damaged vehicles stated in the written estimate prepared by the Defendant. As such, the Plaintiff is obligated to pay KRW 6,677,265, which the Plaintiff seeks to pay to the Defendant within the scope of the repair cost stated in the said written estimate.
② Even if the above payment guarantee agreement is not recognized, the Plaintiff is a considerable amount of the damaged vehicle due to the instant accident to the Defendant.