(영문) 수원지방법원 2020.02.11 2019가단561605

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(영문) 수원지방법원 2020.02.11 2019가단561605

채무부존재확인

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. Around 16:00 on November 23, 2018, Drost construction machinery owned by the Plaintiff, collisioned the E-Bcon Vehicle owned by the Defendant, which was stopped while going behind within the F construction site located in the E-B at the time of harmony C.

(hereinafter “instant accident”). B.

On January 2019, the Plaintiff filed an application for mediation with the defendant with the Sinsan District Court to the effect that "it is confirmed that the Plaintiff's obligation to pay damages to the Defendant due to the instant accident does not exist in excess of KRW 6,895,656."

(hereinafter referred to as "case of application for conciliation") c.

On May 10, 2019, the court rendered a decision in lieu of conciliation to the effect that “the Plaintiff shall pay KRW 6 million to the Defendant by June 30, 2019. The Plaintiff’s obligation to compensate for damages arising from the instant accident against the Defendant does not exist except the said money,” which was finalized (hereinafter “determined conciliation decision”), and the Plaintiff paid the amount of money pursuant to the conciliation decision to the Defendant.

On October 6, 2019, the Defendant came to know of the fact that the repair cost is KRW 5,150,420 from G which accepted the ready-mixed vehicle owned by the Defendant. The Plaintiff refused to pay the repair cost on the ground that the Plaintiff is no longer liable for paying the damages according to the final adjustment decision.

[Ground of recognition] Gap evidence Nos. 1, 2, Eul evidence Nos. 4 and the purport of the whole pleadings

2. The plaintiff's assertion that the automobile repair cost was dealt with according to the automobile insurance to which the defendant joined, and the plaintiff had no intent to claim damages equivalent to the automobile repair cost, and the plaintiff paid 6 million won to the defendant according to the final adjustment decision. Thus, the plaintiff's claim for damages against the defendant due to the accident in this case does not exist any longer.

3. Determination

A. The plaintiff, in the application form for the conciliation application, is against the defendant of the plaintiff.

유사 판례

-수원지방법원 2020.02.11 2019가단561605

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-창원지방법원통영지원 2016.11.30 2016가합11062

-서울중앙지방법원 2020.10.08 2020가단5088301