채무부존재확인(한정)
The defendant's appeal is dismissed.
Expenses for appeal shall be borne by the defendant.
Purport of claim and appeal
The purport of the claim is February 2, 2016.
1. The reasoning of the judgment of this court citing the judgment of the court of first instance is the same as that of the judgment of the court of first instance, and thus, it is acceptable in accordance with the main sentence of Article 420 of
Even if the Defendant applied 90% of the card at the trial, it is recognized that the Defendant’s labor ability loss rate due to the instant accident is at least 2.3% (i.e., 23% x 10%). Therefore, the Plaintiff asserts that the Defendant is obliged to pay the Defendant a total of KRW 2,240,000 for transport expenses for 280 days according to the mutual-aid agreement that should pay the Defendant a total of KRW 500,000 for the auxiliary cost and the total of KRW 3,311,500 for the medical expenses already incurred, and KRW 8,000 for the number of Tongwons (i.e., 280 x 8,00).
However, as alleged in the first instance trial, the above assertion by the Defendant is premised on the fact that the Defendant suffered obstacles, such as drums and brain flaposis and thirical signboards escape certificates No. 5-6, due to the instant accident. However, the evidence additionally submitted by the Defendant in the first instance trial is merely a written opinion or a written application by the Defendant, a medical certificate that overlaps with that submitted by the Defendant in the first instance trial, a medical examination certificate, a medical expenses payment certificate, and a documentary confirmation, and so on, it does not include any materials that can prove the causal relationship between the instant accident and the Defendant’s assertion.
B even if examining B, it is insufficient to recognize that the above disability occurred due to the instant accident, and there is no other evidence to acknowledge it.
2. In conclusion, the judgment of the court of first instance is just, and the defendant's appeal is dismissed as it is without merit.