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(영문) 인천지방법원 2020.01.21 2019가단251543

채무부존재확인

Text

1. On April 4, 2016, at around 17:34, the Plaintiff is involved in a traffic accident that occurred near the Southern East-gu Incheon Metropolitan City.

Reasons

1. Basic facts

A. The Plaintiff is a mutual aid business entity that has entered into a comprehensive motor vehicle mutual aid agreement with respect to the motor vehicle E (hereinafter “this case”).

B. On April 4, 2016, around 17:34, in the south East-dong, Incheon Metropolitan City, where the front part of the wing Vehicle was aboard by the Defendant (hereinafter “Defendant vehicle”) was involved in an accident that concealed the back part of the F Vehicle that the Defendant was aboard (hereinafter “instant accident”).

C. Due to the instant accident, there was a medical certificate stating that “the Defendant requires stability fees among two weeks, such as cages and tensions of cages, uages, cages, tensions, and tensions, as shown in attached Table 1.”

[Ground for Recognition: Facts without dispute, Gap evidence 1, 2, Eul evidence 1, and the purport of the whole pleadings]

2. Summary of the parties’ assertion

A. The plaintiff's assertion asserts that the grounds for the attached Table 2 application (However, the part stating "applicant" is each "Plaintiff," and the part stating "applicant" is each "Defendant," respectively, and that the plaintiff's obligation to pay damages due to the accident of this case against the defendant does not exist in excess of KRW 843,350.

B. The Defendant’s summary of the Defendant’s assertion received hospital treatment for seven days after the instant accident, and received hospital treatment from April 2019 up to 466 times from the date of discharge to April 2019. Nevertheless, the Defendant was unable to recover from the injury suffered due to the instant accident.

In addition, the defendant is a person who operates a golf course in Gyeonggi-do (hereinafter referred to as "glar") and due to the aftermath of the accident in this case, the frequency of the business has considerably decreased compared to the transfer of the accident.

Accordingly, if the defendant's damages are calculated due to the accident of this case, at least 20,948,000 won, the plaintiff's claim of this case must be dismissed.

3. Determination

(a)in proceedings to confirm the existence of an obligation;