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춘천지방법원 2018.05.30 2016가단52596

채무부존재확인

Text

1. C, on April 19, 201, is a traffic accident occurred at a crosswalk in front of the E elementary school located in Chuncheon City D at around 22:15.

Reasons

1. Basic facts

A. The Plaintiff concluded an automobile comprehensive insurance contract with C and Fsch Rexn Automobiles (hereinafter “Plaintiff”).

B. On April 19, 201, at around 22:15, C, while driving the Plaintiff’s vehicle and making a left-hand turn on the road front of the E Elementary School located in Chuncheon City D, C shocked the Defendant (GG) who dried the crosswalk according to the pedestrian signal (hereinafter “instant accident”), and on the Plaintiff’s vehicle, the Defendant’s hand did not cause any particular damage except for the scam.

C. From April 19, 2011, the Defendant

6.3. By the end, he was hospitalized at the Gangwon University Hospital;

The Plaintiff paid KRW 19,756,350 to the Defendant’s medical expenses from August 24, 2011 to March 15, 2018.

[Ground for Recognition: Facts without dispute, Gap's 2, 3, 4, 9, the purport of the whole pleadings]

2. Judgment on the parties’ assertion

A. The Plaintiff’s assertion was merely a minor contact to the point of examining the Plaintiff’s hand on the Plaintiff’s Bows, and it is difficult for the Defendant to claim the advance contribution, spine disability, etc. after the instant accident but to recognize causation. Rather, the medical expenses paid by the Plaintiff should be returned to the Plaintiff as unjust enrichment.

In particular, according to statistics, the causal relationship is not recognized considering the fact that a man of 79.9% in the case of 60 years of age or older has been born, and that the defendant has consistently received medical treatment each month from the urology before the accident of this case.

B. The Defendant alleged that the instant accident resulted in damage to a certain amount of KRW 13 million, consolation money, and KRW 10 million for future medical expenses incurred due to the inserting of climatic eromatic eromatic eromatic eromatic eromatic erogical erogical erogical erogical erogical erogical erogical erogical erogical erogical erogical erogical erog

C. According to the result of the physical examination commission for the head of the H hospital and the head of the H hospital, the results of the self-official image (MRI) taken on April 20, 201, immediately after the instant accident, are inferred.