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(영문) 수원지방법원 성남지원 2021.03.09 2020가단213127

손해배상(자)

Text

With respect to the accident described in the attached Table 1 between the plaintiff and the defendant, the insurance contract is based on the attached Table 2.

Reasons

1. Facts of recognition;

A. D, at the entrance of, on March 21, 2019, around 18:59, when D was trying to make a left-hand turn by driving a F New E-M passenger car (hereinafter “instant vehicle”), D shocked the Defendant who was a bicycle riding on the crosswalk without signal, etc. from the left-hand side of the instant vehicle’s running direction to the right-hand side of the instant vehicle (hereinafter “instant accident”). B. The Defendant suffered from the injury of spine base, etc. due to the instant accident, and was hospitalized at G hospital for five days from March 21, 2019 to March 26, 2019, and thereafter received treatment at G hospital and H hospital for 368 days from July 21, 2020.

(c)

During the period from July 30, 2018 to July 30, 2019, I, the owner of the instant vehicle, concluded an insurance contract with the Plaintiff to compensate for any loss incurred by an insured person in the event that he/she causes another person or damages property due to the operation of the instant vehicle during the insurance period, as prescribed by the Pharmaceutical Affairs Management Act.

(d)

The Plaintiff has paid all of the medical expenses incurred by the Plaintiff to the hospital whenever the Defendant received hospitalization and outpatient treatment as above.

The treatment costs paid by the Plaintiff until May 30, 2020 reach KRW 13,171,370.

[Ground for recognition] Unsatisfy, Gap evidence Nos. 1 through 4, the purport of the whole pleadings

2. In a lawsuit seeking confirmation of non-existence of a claim, where the plaintiff, who is the debtor, claims the first time to deny the fact of the occurrence of the obligation by specifying the fact of the cause of the obligation, the defendant, the creditor, is liable to specifically claim and prove the facts of the requirements of his right relationship, namely, active damages, passive damages, and consolation money in accordance with the third-minute theory in the case of damages caused by tort (see Supreme Court Decision 97Da45259 delivered on March 13, 1998). However, the defendant is not present at the trial date of this court three times, and the defendant did not appear at all at the trial date of this court, and regardless of the full-time preparation order of the full-time statement