(영문) 서울중앙지방법원 2017.06.13 2016가단5221347

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(영문) 서울중앙지방법원 2017.06.13 2016가단5221347

채무부존재확인

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1. On June 25, 2016, in the event of an accident in which a vehicle B from Ho-dong at Ho-dong at Ho-dong at Ho-dong at Ho-dong at Ho-dong at Ho-dong at Hoyangyang-dong at Ho-dong at Ho-dong at Hoon

Reasons

1. Facts recognized;

A. The plaintiff is an insurer of the vehicle B (hereinafter referred to as "Plaintiff vehicle") running non-life insurance business, such as automobile insurance, and the defendant is the owner of the vehicle C (hereinafter referred to as "Defendant vehicle").

B. Around 18:00 on June 25, 2016, the Plaintiff’s vehicle caused the instant accident, which led to the backside of the Defendant’s vehicle prior to Hoyang-dong, Namyang-si. The Plaintiff completed the repair by guaranteeing the payment of the repair to the Seocho-gu Seoul Seocho-gu, Seoul, which suffered from the Defendant’s vehicle after the occurrence of the accident.

C. The Defendant’s vehicle is GLC220d and its first registration date on November 2015. At the time of an accident, KRW 60 million was required for repair costs, such as vehicle repair rearer exchange and white-do exchange, and KRW 6.6 million was required. The Defendant’s vehicle insurance policy terms and conditions for personal automobile compensation payment.

6. In case of automobile fall damage, “a motor vehicle (limited to a motor vehicle which has caused an accident (limited to a motor vehicle not more than two years after its departure) which is not more than one year after its release and not more than 15% of its repair cost shall be paid, and a motor vehicle which is more than one year but not more than two years after its release shall be paid 10% of its repair cost.”

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 7, purport of the whole pleadings

2. According to the facts of the judgment as to the cause of the claim, since the repair cost does not exceed 20% of the value of the vehicle immediately preceding the accident (the value of the vehicle x 20% =1,00,000 won x 6.6 million won), according to the above automobile insurance terms and conditions, the plaintiff's liability for compensation for the damage caused by the automobile accident shall be nonexistent.

The defendant is dissatisfied with this, and there is a benefit of lawsuit.

3. Conclusion, the plaintiff's claim of this case is justified.

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