채무부존재확인
1.The judgment of the first instance shall be modified as follows:
On January 8, 2016, at around 19:00, Guro-gu Seoul Metropolitan Government 662 Shindo-ro, Guro-gu, Seoul.
1. The reasoning for the court’s explanation concerning this case is as follows: “D. Plaintiff was dissolved with a resolution of a temporary general meeting of shareholders on July 21, 2016, and the registration of the completion of liquidation was completed on October 10, 2016,” and the reasoning for the judgment of the court of first instance is the same as the ground for the judgment of the court of first instance, except for the following parts, among the written judgment of the court of first instance, and thus, this is cited pursuant to the main sentence of Article 420 of the Civil Procedure Act.
2. The part to be mard;
(a) Expenses for future treatment under subparagraph 3-B (2) (ii) of the judgment of the court of the first instance: 1,861,120 won (Evidence 6 of the above subparagraph, the defendant is recognized to need to receive medical treatment twice in total every ten years during his life in the future, and 1,635,00 won will be required once in light of the payment details of the treatment expenses for the first time in the light of the payment details of the treatment expenses for the first time, and the amount calculated at the present price at the time of the accident shall be the amount calculated);
(b) Restriction on the Plaintiff’s liability under subparagraph 3-B (3) (3) (A) of the first instance court’s decision: 60% (b) the total amount of damages for property after offsetting the negligence: 3,953,676 won [=6,589,460 won (=4,728,340 won) x 0.6];
(c) Claim 1,853,676 won (i.e., KRW 3,953,676 won - 2,100,000) after deduction of claim 2,100,000 won from Samsung Fire; and
D. If so, 2,353,676 won in the judgment of the court of first instance (i.e., KRW 1,853,676 in property damage and KRW 500,00 in the consolation money) and its scope from January 8, 2016, which is the date of the instant accident, to October 18, 2018, the date when the judgment of the court of first instance is rendered, that the Plaintiff has a duty to pay to the Defendant 2,353,676 won in the interest of 5% per annum as stipulated in the Civil Act and 15% per annum as stipulated in the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the following day to the date of full payment.
3. Conclusion: (a) the Plaintiff’s principal claim and the Defendant’s counterclaim are cited within the scope of each recognition as above; and (b) each of them is accepted.