채무부존재확인등
1. On February 10, 2012, with respect to traffic accidents caused by agriculture located in Gyeyang-gu Incheon Gyeyang-gu.
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. On May 14, 201, the Defendant entered into an insurance contract with the Plaintiff on the attached Form No. 2 (hereinafter “instant insurance contract”) with respect to a vehicle B owned by the Defendant (hereinafter “instant automobile”).
B. The Defendant asserted that, around 13:40 on February 10, 2012, the Plaintiff brought a claim against the Plaintiff for insurance proceeds under the instant insurance contract, asserting that “the Plaintiff sustained injury due to an accident in which wheels was absent from snow (hereinafter “instant accident”). On December 27, 2012, the Plaintiff paid the Defendant the sum of KRW 14 million advance payment on December 27, 2012, and the medical institutions that the Defendant received medical treatment [Secheoncheon-do University Non-Medical Corporations and Non-Medical Corporations of the Net Medical Foundation’s Efficacy (hereinafter “Efficacy Women”).
[2] A total of KRW 15,211,460 was paid to the medical expenses.
[Reasons for Recognition] Unsatisfy, Gap's statements in Gap's 1 to 4, 7, and 8 (including virtual numbers), the purport of the whole pleadings
2. The parties' assertion
A. The Plaintiff’s assertion that the instant accident was an insignificant accident with the wheels, is difficult to understand that the Defendant suffered bodily injury in light of the empirical rule.
The Defendant’s injury was not caused by the accident of this case, but caused by king or other factors.
Therefore, in relation to the instant accident, there is no obligation of the Plaintiff to pay the insurance money based on the instant insurance contract against the Defendant. Furthermore, the Defendant should return to the Plaintiff the amount received as advance payment from the Plaintiff as unjust enrichment.
B. The defendant's assertion that the defendant suffered injury to the person who suffered injury in the situation of the accident in this case, the plaintiff shall pay insurance money to the defendant in accordance with the insurance contract in this case.
3. Recognizing the facts of recognition, the Han River University, the President of the Han River University, the President of the Han River Science Hospital, and the Maternity Institute.