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(영문) 광주지방법원 2016.02.17 2015가단510240

일부채무부존재확인

Text

1. With respect to an accident described in attached Form 1, the Plaintiff (Counterclaim Defendant) based on the insurance contract listed in attached Form 2.

Reasons

The principal lawsuit and counterclaim shall also be deemed to have been filed.

1. Occurrence of liability for damages;

A. The facts of recognition B, around 16:50 on December 22, 2014, driving a special motor vehicle for business C (one name hereinafter “fexmanc vehicle”) and driving two-lanes toward the two-way intersection from the luminous one intersection in Gwangju, Seo-gu.

The fact that the defendant, who was driving along one lane in the same direction as the moving of the vehicle to the one lane for the U.S., was shocked on the left-hand side of the vehicle to the front-hand side (hereinafter “instant accident”), due to the said accident, that the defendant was injured by light dial salt, tension, etc., and the fact that the plaintiff was an insurance company that entered into an insurance contract for a business vehicle with E with E is not in dispute between the parties, or that the fact that the plaintiff was an insurance company that entered into an insurance contract for a business vehicle with E is recognized by the whole purport of the pleading Nos. 1 and 4 (including the number of pages) and all pleadings

B. According to the above facts, the Plaintiff is liable to compensate the Defendant for the damages incurred by the instant accident under Articles 3 and 10(1) of the Guarantee of Automobile Accident Compensation Act and Article 724(2) of the Commercial Act, as the insurer of the sea-going vehicle.

The plaintiff asserted that the accident of this case occurred due to the violation of the defendant's duty of prior settlement, and thus, the plaintiff's liability should be limited in consideration of the defendant's negligence. However, there is no evidence to prove that the defendant neglected the defendant's duty of prior settlement and caused the accident of this case, so the plaintiff'

2. Scope of damages.

A. Personal information 1) Personal data: Fros, male 2) income, working days and maximum working age: Standard of Urban Ordinary Daily Wage, 22th day of each month, and 3th day of each month) the Defendant was hospitalized on 78 days in the instant accident. For the convenience of calculation, the Defendant is deemed to have been continuously hospitalized from the date of the instant accident to the date of the instant accident, and the rate of loss of labor ability during that period shall be deemed to have been 100%.

B. The Galinology;