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(영문) 서울중앙지방법원 2019.07.08 2017가단5211316
채무부존재확인
Text

1. With respect to the attached accident, the damages liability of the Plaintiff (Counterclaim Defendant) against the Defendant (Counterclaim Plaintiff) is below.

Reasons

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

1. Facts of recognition;

A. 1) The Plaintiff’s vehicle C (hereinafter “Plaintiff’s vehicle”).

2) The Defendant is an insurer who has entered into a comprehensive automobile insurance contract with respect to the Plaintiff. 2) The Defendant is a person who operates the main office of “F” in the name of “F” in the building E located in Yongsan-gu Seoul Metropolitan Government.

B. On August 30, 2017, G, a driver of the Plaintiff, was driving the Plaintiff’s vehicle at around 06:30, while driving the Plaintiff’s vehicle, resulting in an accident involving the main points of this case and the upper points in that building (hereinafter “instant accident”).

[Ground of recognition] A without dispute, entry of Gap evidence 1, purport of whole pleadings

2. As to the plaintiff's confirmation of non-existence of part of the damages caused by the accident in this case as the principal lawsuit, the defendant seeks the payment of damages as the counterclaim, taking into account the relationship between the two claims, first of all, the defendant's claim is examined.

1) Defendant’s assertion 1) A summary of the instant accident led to the destruction of the glass entrance, external test facilities, and office fixtures, and the Defendant was unable to conduct its business for 30 days for repair. The Defendant’s damages amounting to KRW 42,156,90 in total (i.e., active damages (i., repair costs) (i., negative damages equivalent to KRW 27,815,000 in total (i.e., repair costs) and KRW 14,341,90 in total (i., KRW 14,90 in total). The Defendant sought compensation for damages incurred by the Defendant due to the instant accident. (ii) The Defendant sought compensation for damages amounting to KRW 15,100,000 in total (i.e., KRW 12,000 in total (i., business losses and fixed expenses for KRW 7,00 in total).

B. 1) According to the facts of recognition as above, the Plaintiff, the insurer of the Plaintiff’s vehicle, is obligated to compensate the Defendant for the damages incurred by the damage of the instant main points due to the instant accident. 2)

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