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Reasons
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(영문) 서울서부지방법원 2018.01.23 2017가단219310
채무부존재확인
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1. C vehicles and the Defendant-Counterclaim Plaintiff owned on March 30, 2016, 30.15:57 around 57, Seoul Metropolitan City-ro, Guro-gu, Seoul-gu.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. The Plaintiff is an insurer who has entered into an automobile comprehensive insurance contract with respect to the C-A-Wnd-Wed-Wed-Wed-Wed-Wed-Wed-Wed-C (hereinafter “Plaintiff-Wed-Wed-Wed-Wed-Wed-Wed-Wed”), and

B. On March 30, 2016, E, the wife of B, driving the Plaintiff’s vehicle and driving the Plaintiff’s vehicle near the Godong-dong, Guro-gu, Seoul, changed the lane from the first to the second lane without fulfilling his/her duty of care, resulting in an accident that meets the left side of the Defendant’s vehicle, penter, pans, and wheeling the front side of the Defendant’s vehicle driven at the second lane.

(hereinafter referred to as “instant accident”). [Ground of recognition] A without dispute, entry of evidence No. 1, and purport of the whole pleadings.

2. Determination:

A. The Plaintiff’s assertion is the cause of the principal claim. The Plaintiff asserts that the amount of damages arising from the instant accident is a sum of KRW 3,100,000 and KRW 4,247,50,00 including the repair cost, KRW 1,147,500, and KRW 1,247,500. As such, the Defendant asserts that there is no liability for damages exceeding the said amount in relation to the instant accident.

In regard to this, the Defendant asserts that the cause of the counterclaim was the cause of the damage of KRW 30,497,580 in total ( KRW 5,057,508 in transportation cost of KRW 5,400,000 in transportation cost of KRW 6,400,00 in transportation cost of KRW 6,400 in transportation cost of KRW 5,40,000 in the case of repair cost) due to the instant accident, the Defendant sought payment of the above amount against the Plaintiff.

It is clear by the statement of the counterclaim that the defendant does not claim the payment of the statutory delay damages.

B. According to the above fact of recognition as above, the plaintiff is liable for damages suffered by the defendant due to the accident of this case as the insurer of the vehicle involved in this case.

C. The scope of liability for damages is 1 repair cost: 3,118,526 KRW 20,000,000 and the purport of the entire pleadings.

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