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1. The Plaintiff’s obligation to pay damages to the Defendant based on an accident indicated in the attached Form is KRW 200,000.
Reasons
1. Basic facts
A. The Plaintiff is the owner of C vehicle (hereinafter “Plaintiff”). The Plaintiff’s assistant intervenor is a person who concluded an automobile insurance contract with the Plaintiff regarding the Plaintiff’s vehicle, and the Defendant is the owner of D vehicle (hereinafter “Defendant”).
B. On June 28, 2016, the Defendant’s vehicle attached a set of goods (hereinafter “instant set”). On the part of the loading box, the Plaintiff did not regard the instant set of goods, which was unloaded on the ground to drop off the urib, while she was going back at the parking lot within the Jinju-si, and caused the Plaintiff’s accident (hereinafter “instant accident”).
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings
2. Summary of the parties' arguments
A. As the Plaintiff and the Intervenor did not cause any damage to the Defendant’s vehicle or the instant lifts due to the instant accident, the damages liability that the Plaintiff is liable to pay to the Defendant does not exceed KRW 200,000, which occurred for the inspection of the Defendant’s vehicle.
However, since the Defendant sought excessive expenses while replacing the entire lifts of this case, it is seeking confirmation that the Plaintiff’s obligation to compensate for damages against the Defendant based on the instant accident does not exceed 200,000 won.
B. The Defendant’s vehicle was destroyed due to the instant accident, such as the failure to meet the horizontal plane, and the said repair cost is KRW 3,000,000. Therefore, the Plaintiff is obligated to pay the Defendant the repair cost of KRW 3,00,000 due to the instant accident.
3. In a lawsuit seeking confirmation of the existence of a pecuniary obligation, if the plaintiff, who is the debtor, claims to deny the fact of the occurrence of the obligation by specifying the first claim, the defendant, the creditor, is about the facts of the legal relationship.