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(영문) 서울고등법원 2016.10.28 2016나2036957

채무부존재확인

Text

1. All appeals filed by the Defendant (Counterclaim Plaintiff) and the Defendant (Counterclaim Plaintiff)’s counterclaim claim filed in the first instance.

Reasons

A principal lawsuit and counterclaim shall be deemed to be combined.

1. This part of the judgment of this court is the same as the corresponding part of the judgment of the court of first instance (section 8 to page 86). Thus, this part of the judgment is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. The parties' assertion and judgment

A. The Plaintiff asserts that there is no obligation to pay the unpaid insurance proceeds to the Defendant based on the insurance contracts Nos. 1, 2, and 3 for the following reasons. (A) With respect to the first accident, the part of the Defendant’s hospitalized treatment from February 2, 2012 to March 7, 2012, which was conducted between February 2, 2012 and March 7, 2012, was entirely paid the daily allowances for traffic injury and hospitalization stipulated in the insurance contract. The part of the Defendant hospitalized treatment from March 23, 2012 to August 24, 2012, which was conducted by the Defendant, cannot be acknowledged as causation with the first accident.

B) With respect to the second accident, with respect to the first accident, the Defendant paid all the injury compensation expenses as stipulated in the second insurance contract. (c) With respect to the traffic injury, death, disability insurance money as stipulated in the second insurance contract, and the second accident, all the injury compensation insurance money as stipulated in the second insurance contract were paid, and with respect to the second accident, the Defendant paid all the remainder of the injury compensation expenses, excluding the non-benefit of the injury compensation expenses, which are not secured by the disease hospitalization treatment as stipulated in the second insurance contract. (d) In relation to the second accident, in relation to the second accident, the Defendant asserted that the Defendant made an insurance contract under an individual agreement as explained by the insurance solicitor, and that the Defendant concluded the insurance contract under the second insurance contract as stated in the second insurance contract related to the second accident, and accordingly, the unpaid insurance money was totaled to KRW 34,617,936 = the injury compensation period expenses per the second insurance contract as stipulated in the second insurance contract related to the second accident, and then paid all the injury compensation insurance amount per the insurance contract related to the accident.