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(영문) 대구고등법원 2017.07.21 2016나24179

채무부존재확인

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1. All appeals filed by the Plaintiff (Counterclaim Defendant) on the principal lawsuit and counterclaim are dismissed.

2. The costs of appeal shall be principal lawsuit and counterclaim.

Reasons

1. The reasoning of the judgment of the court of first instance concerning the instant case is as follows: (a) the reasoning of the judgment of the court of first instance is modified as stated in Paragraph (2) below; and (b) the reasoning of the judgment of the court of first instance is as stated in the reasoning of the judgment of the court of first instance, except for adding “the part added by the court of first instance” as stated in Paragraph (3) below, thereby citing it as it is in accordance with the main sentence of

2. According to the following facts, it is reasonable to see that the deceased was sworn while drinking alcohol after drinking alcohol, and that the deceased died due to a sudden and incidental accident. In light of the following facts: (a) the facts acknowledged prior to the death of the part in which the trial was advanced; (b) the entries in Eul No. 3-3-7, 8, 10-21; and (c) the results of appraisal entrustment to the Korean Medical Association; and (b) the purport of the arguments, the results of appraisal entrustment to the Korean Medical Association:

① On October 1, 2015, the day before the death of the deceased, the deceased showed that he was unable to drink a usual alcoholic beverage, but she was drank at singing at singinging rooms around 3 male, which was the day before the death of the deceased, and thereafter, she was found to have been trying to talk in the toilet side with D (the deceased’s friendship). The deceased said that “D is difficult to drink a large amount of drinking alcohol.”

② On October 1, 2015, at around 21:58, the Deceased was found to have been under the influence of alcohol to the extent that he was unable to properly communicate, and the concealment was difficult. On October 2, 2015, before the lapse of the period, around 08:30, the deceased died on October 2, 2015.

③ At the time of the deceased’s death in his/her own car, soil and sand was discharged on the parts around his/her entrance and the floor of his/her own car.

④ At the time of the accident, the Deceased did not have a relatively lower age as 41 years of age, and did not have a disease or a physical form of death at ordinary times.

(5) The political party shall deliberate on the case.