(영문) 대전지방법원 홍성지원 2018.04.24 2016가단11592

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(영문) 대전지방법원 홍성지원 2018.04.24 2016가단11592

채무부존재확인

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1.As to the damage of B Tralers caused by a traffic accident listed in the annexed Form 1 Schedule, it shall be listed in the annexed Form 2.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The Plaintiff is an insurer that has entered into a comprehensive automobile insurance contract (hereinafter “instant insurance contract”) with respect to the automobile of Drownbage Co., Ltd. owned by C (hereinafter “the instant automobile”). The Defendant is the owner of Embage (hereinafter “the instant track”) and B Traler (hereinafter “the instant vehicle”).

B. Around 00:10 on April 3, 2015, while driving the instant vehicle with a blood alcohol concentration of 0.149%, C caused a traffic accident (hereinafter “the instant accident”) as shown in the attached Table 1, which is linked to the instant Tracler, that is linked to the right side of the instant Tracler, while driving the instant vehicle along one lane in front of the Republic of Korea, in the direction of a two-lane in front of the Republic of Korea, the Hack-gun, a three-lane, along the two-lane in front of the Republic of Korea.

C. Meanwhile, on December 31, 2015, the Plaintiff paid KRW 19,180,000 to G (i.e., KRW 16.5 million paid to F) as the repair cost of the instant fleet.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 3, the purport of the whole pleadings

2. The assertion and judgment

A. 1) The gist of the Plaintiff’s assertion 1) - The amount of damages incurred in relation to the instant Leler due to the instant accident causing the principal claim (i.e., the direct repair cost of KRW 3.930,000) and the Defendant’s fault in relation to the instant accident is reasonable to be calculated to the extent of 20%. As such, the insurance money that the Plaintiff is obliged to pay to the Defendant according to the instant insurance contract should be calculated to the extent of 19,048,000 won [=2,3810,000 won (the amount of damages related to the instant Leler 1,9180,000 won) x 0.8.00 won.

However, the plaintiff is more than 1,9180,000 won than the above insurance amount already recognized to the defendant.

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