채무부존재확인
1. The judgment of the court of first instance is modified as follows.
May 30, 2015, the Seocho-gu Seoul Metropolitan Government.
1. The reasoning of the judgment of the court of first instance cited by the court of first instance is the same as that of the judgment of the court of first instance, except that part of the judgment of the court of first instance is used as follows. Thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. The 10% "10%" in the 4th sentence of the first instance judgment shall be 20% "," and 30% ", in the case, 40%" shall be applied respectively.
From 4th to 5th 17th 16th 17th 200, the court of first instance shall take place as follows.
According to the reasoning of the evidence No. 3-1 to No. 4 and the purport of the whole pleadings, Defendant B is recognized to have spent KRW 1,530,200 for the instant accident, and Defendant C to have spent KRW 397,670 for each treatment charge.
Considering the degree of contribution to each of the instant medical expenses as seen earlier, 306,040 won in the case of Defendant B (i.e., KRW 1,530,200 x 20%) and 159,068 won in the case of Defendant C (i.e., KRW 397,670 x 40%) can be recognized as property damage caused by the instant accident.
2) Taking into account all the circumstances revealed in the arguments, such as the background of the instant accident and the injury degree of the Defendants, etc., the Plaintiff recognizes 1,300,000 won as consolation money of the Defendants. (C) Accordingly, as to the instant accident, the Plaintiff’s damages amounting to KRW 1,306,040 (i.e., KRW 306,040,000) and KRW 253,020, which were cited in the first instance trial among them, after the date of the instant accident, are clearly following the date of the instant accident, and as to the existence and scope of the Plaintiff’s performance obligation from October 27, 2016 to June 8, 2017, which is the date of the judgment of the first instance court, 5% per annum under the Civil Act until June 8, 2017, and 15% per annum from the next day to the date of full payment, the Plaintiff’s remaining damages amounting to KRW 15,001.25% per annum.