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Reasons
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(영문) 수원지방법원 2016.07.07 2015가단145227
채무부존재확인
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1. In relation to the accident described in the separate sheet, the damages liability of the Plaintiff (Counterclaim Defendant) against the Defendant (Counterclaim Plaintiff) is assessed.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Occurrence of liability for damages;

A. 1) The Plaintiff’s vehicle C owned by B (hereinafter “ASS”)

insurer who has entered into an automobile insurance contract with the Defendant, and the Defendant is a D vehicle (hereinafter referred to as “victim”).

2) Around 17:53 on May 4, 2015, B operated a sea-going vehicle and caused the instant accident that causes the backer on the left side of the damaged vehicle parked on the side of the side and the rear penter.

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

B. According to the above findings of the determination, the Plaintiff, the insurer of the household vehicle, is liable to compensate the Defendant for the damages incurred by the Defendant due to the instant accident that occurred due to the negligence of the driver of the household.

2. Scope of liability for damages

A. 1) The Plaintiff’s assertion that the instant accident occurred due to a minor contact incident, resulting in a loss necessary for the repair period of KRW 4 days, repair cost of KRW 160 million. The Defendant is obligated to pay KRW 583,200 only a non-loan fee of KRW 583,200 on the ground that the Defendant used the damaged vehicle for its own use during the repair period. Since the Defendant was negligent in illegal parking, the Plaintiff is obligated to compensate for the damages equivalent to the amount stated in the claim of the principal claim offseting 20% of the fault ratio. 2) The Defendant’s assertion that the instant accident occurred in the instant case, namely, KRW 1,60,00, and KRW 3,450,000 for the replacement of film film of the Defendant’s high-priced color attached to the Defendant’s vehicle.

In addition, after the instant accident, the repair was delayed due to the Plaintiff employees’ evasion of responsibility, such as delayed repair, and due to this, the Defendant borrowed the vehicle from May 4, 2015 to May 29, 2015, and the total of 25,128,000 won occurred.

Defendant’s total repair cost of KRW 30,178,00 = Repair cost of KRW 1,600,000 = 3,450,000.

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