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1. The Plaintiff’s obligation to pay the insurance proceeds to the Defendant, such as repair costs, lending and borrowing charges, towing costs, etc., for vehicles B shall be KRW 51,600.
Reasons
1. Facts of recognition;
A. The Plaintiff is an insurer who has entered into an automobile insurance contract with C and D (hereinafter “instant sea vehicle”) and the Defendant is the owner of B and the Defendant is the owner of the instant sea vehicle (hereinafter “instant sea vehicle”).
B. At around 6:10 on March 11, 2014, C had caused an accident that contacts the rear of the instant damaged vehicle parked while operating the instant sea vehicle at the Seocheon-gu E-gu, Seocheon-gu, Seocheon-gu, Incheon (hereinafter “instant accident”).
C. On May 26, 2014, the Plaintiff paid KRW 678,460, repair costs to the roof Co., Ltd., Ltd., and KRW 1,870,000 to the Defendant, KRW 1,100,000 to the Defendant, KRW 130,000 to the East Capital Co., Ltd., and KRW 2,240,000 to the Kren Capital Co., Ltd., and KRW 6,018,430.
The towing cost of the instant accident is KRW 51,600.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 6, Eul evidence No. 3 and the purport of the whole pleadings
2. The assertion and judgment
A. The plaintiff asserts that there is no causal relationship between the accident of this case and the damage of automatic transmission, which is alleged by the defendant, and that the plaintiff's obligation to pay the insurance money to the defendant in relation to the accident of this case does not exceed the towing charge.
In this regard, the defendant asserts that since the accident of this case causes damage to the part of the operation and the automatic transmission of the damaged vehicle, the plaintiff should pay its repair costs, loan charges, etc. as insurance proceeds.
B. In a lawsuit seeking confirmation of non-existence of a monetary obligation, if the plaintiff, who is the debtor, claims to deny the fact that the cause of the debt occurred by specifying the first claim, the defendant, the creditor, bears the burden of assertion and proof as to the facts that
(See Supreme Court Decision 97Da45259 delivered on March 13, 1998, etc.). This case’s accident occurs.