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(영문) 수원지방법원여주지원 2016.05.26 2014가단30188

채무부존재확인

Text

1. With respect to the accidents listed in Appendix I, the Plaintiff (Counterclaim Defendant) based on the insurance contract listed in Appendix II.

Reasons

1. The Plaintiff is an insurer who entered into an insurance contract as shown in Appendix II (hereinafter “instant insurance contract”) with B, and the said insurance contract is subject to Nonparty B’s act to compensate for damages against others.

피고는 2013. 5. 7.경 원고에 대하여 2011. 10. 25. 별지 Ⅰ 기재와 같은 사고(이하 ‘이 사건 사고’라 한다)로 피고가 코에 상해를 입었고, 시간이 지날수록 코뼈 중간 부분이 블룩 튀어나오게 되고, 외관상 코가 삐뚤어 보인다는 이유로 보험금을 청구하였다.

At present, the defendant is now expected to bear medical expenses of KRW 3.7 million in total, such as the cost of comparison of 2 million won in the future, in the situation where there is a self-scopic and scopic symptoms of the unscopic transformation (profing and scopic transformation) that occurred after the unscophering.

[Reasons for Recognition] Facts without dispute between the parties, entry of Gap evidence 1-1, result of commission of physical appraisal to the director of the Agian University Hospital in this Court, purport of the whole pleadings

2. We also examine the judgment on the cause of the claim and the counterclaim.

A. In light of the fact that a considerable time has elapsed between the accident in this case and the defendant's above claim for insurance money, the plaintiff does not have the symptoms of this case due to the act in B, and therefore there is no liability to pay insurance money based on the insurance of this case. Since the defendant was injured due to the accident in this case, the plaintiff is obligated to pay the defendant the medical expenses of 3.7 million won in the future and the consolation money of 1.3 million won in total.

B. In full view of the following: (a) the occurrence of the liability to pay the insurance proceeds; (b) Eul evidence Nos. 4 and Eul evidence Nos. 8; and (c) the result of the court’s commission of physical examination to Aju University Hospital; and (b) the fact inquiry with respect to the above hospital, the perpetrator of the instant accident, B and the purport of the entire argument.