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(영문) 의정부지방법원 고양지원 2018.08.17 2017가단75220

채무부존재확인

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1. The obligations stated in the attached list of the Plaintiff (Counterclaim Defendant) with respect to the Defendant (Counterclaim Plaintiff) shall be the money specified in paragraph (2) below.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

The facts are that a lot shopping company (hereinafter referred to as "shot shopping") is a corporation that operates a lot store located in Gyeyang-gu, Gyeyang-gu (hereinafter referred to as "the instant large retailer"), and the Plaintiff is a corporation that operates a non-life insurance business.

The Plaintiff and the Plaintiff entered into a property comprehensive insurance contract from July 31, 2015 to July 31, 2016, with the coverage period from July 31, 2015 to July 31, 2016. Accordingly, the Plaintiff agreed to compensate for the facilities owned, managed, and used by the insured and the legal liability to be borne by the insured against a third party due to an accident resulting from business activities conducted using such facilities.

(hereinafter “instant insurance contract”). On February 28, 2016, the Defendant was faced with an accident, which was dissatisfyed due to the water gauge of the surface while getting down from the ice workshop, coming from the second floor to the first floor of the instant large retailer.

(hereinafter “the instant accident”). On the date of the instant accident, the weather conditions for snowing in the relevant area were Sundayss with more customers’ access to the instant large retailer than usual.

(C) The Administrator of the Korea Meteorological Administration, even in accordance with the past climate data, was hospitalized on the 26-27th day of the same month based on Seoul region, and 28-29th day of the same month. The Defendant was sent to an emergency room immediately after the instant accident, and was hospitalized for 56 days in total by suffering from injuries, such as the right satisfaction and the framework, etc., and received a surgery, such as the right satisfaction, during that process.

As a result of the court's entrustment of physical appraisal, it was confirmed that the defendant's right-hand part of the movement was partially restricted and strong, and it was confirmed that some of the flachis damage was caused by the flachising of this case.

In this regard, the physical disability rate of 13.6% for five years and 4% thereafter shall be applied to the defendant.