채무부존재확인
The judgment of remand (Supreme Court Decision 4 July 4, 2019) among the judgment of first instance, including a claim extended and reduced in the trial before remand.
1. After remanding the case, the plaintiff filed a claim against the defendant for confirmation of non-existence of an obligation and the return of unjust benefits. The trial prior to the refund of the claim accepted the claim for confirmation of non-existence of an obligation, and the claim for the return of unjust benefits was partially accepted (the claim amounting to KRW 73,249,720 and the claim amount of KRW 11, 13, 14, 16, 19 through 26, 28 through 33, 35, 36, 36, 39, 47 through 50, 53, 55 through 59, 62, 64, 51, 281, 490, 21, 230 won and the delayed damages) of the claim amount of KRW 73,249,720.
As to this, the Plaintiff and the Defendant appealed against each part of the judgment against which they lost. The judgment on the refund is dismissed by the Defendant’s appeal, and the Plaintiff’s appeal is accepted, and the judgment against the Plaintiff was reversed prior to the remand.
Therefore, the part of the judgment against the defendant (the part on the claim for confirmation of non-existence of obligation, and the part on the claim for unjust enrichment of KRW 21,968,230 and delayed damage therefrom) prior to remand was already separated and determined, and excluded from the scope of the judgment per party after remand. The part of the judgment against the plaintiff (the part on the claim for unjust enrichment of KRW 51,281,490 and delayed damage) in the judgment prior to remand is subject to the judgment per party after remand.
2. The grounds for this part of the underlying facts are as stated in Paragraph 1 of the reasoning of the judgment of the first instance, except for dismissal or addition as follows (the main text of Article 420 of the Civil Procedure Act). On the third side of the judgment of the first instance, “50,00 won” in the first instance judgment “464,746 won.”
The first instance judgment No. 3, No. 5, and 6 of the judgment “The Plaintiff paid KRW 73,881,100 in total to the medical institutions, such as the Chungcheongnamnam University Hospital, etc., which the Defendant received treatment from June 17, 2013 to December 7, 2017, as shown in attached Table 2.
“Aro-friendly”.
Part 3 of the judgment of the first instance [founded grounds for recognition] Section 7 of the judgment of the court of first instance added "each of the statements in the evidence No. 27 and 32 of Eul" column.
3. The Defendant’s assertion of the cause of the Plaintiff’s claim is receiving medical treatment at the Chungcheongnam-nam University Hospital due to the instant accident.