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(영문) 광주지방법원 2019.10.16 2019가단5517

채무부존재확인

Text

1. The plaintiff's claim is dismissed.

2. The costs of the lawsuit, including costs incurred by participation, are all assessed against the Plaintiff.

Reasons

1. At around 07:30 on December 28, 2018, the Plaintiff: (a) while driving a F vehicle on the street in front of the processing factory between E in Gwangju Mine-gu, Gwangju, the Plaintiff was trying to stop subsequent to the G vehicle of Defendant driving who stops in the signal atmosphere on the front side while driving the F vehicle; (b) was string off the snow path; and (c) was shocking down the back part of Defendant driving vehicle.

(hereinafter “instant accident”). [Grounds for recognition] The fact that there is no dispute, entry of evidence No. 1, and the purport of the entire pleadings

2. The plaintiff's assertion and judgment

A. The main point of the argument is that the accident in this case was merely a minor contact accident, and the result of the appraisal conducted by the National Institute of Scientific Investigation conducted by the National Institute of Scientific Investigation is very low likely to cause injury due to a driver's significant physical change on the main part of the accident in this case, and the defendant was visiting one Council member without a video test in front of the external surgery or the negora, etc. and received treatment.

Therefore, the defendant did not have an injury due to the accident of this case, and there is no obligation of the plaintiff to compensate for the damage caused by the injury.

B. According to the overall purport of the statements and arguments on the evidence Nos. 1 and 2, the defendant requested to contact the plaintiff on December 29, 2018, the following day after the occurrence of the accident in this case, for the receipt of a substitute insurance accident for hospital treatment. On the same day, the defendant visited the Igins located in the Gwangju Mine-gu in order to visit the Igins located in the Gwangju Mine-gu for 2 weeks and received a diagnosis of 'insiums and tensions, such as the need for medical treatment for '2 weeks', and the above hospital received medical treatment for 3 days until December 31 of the same year, and the fact that the traffic accident confirmation agent prepared by the police stated the purport that there is one injured person of the accident in this case. Thus, it is reasonable to deem that the defendant suffered injury due to the accident in this case, and the above recognition is insufficient to reverse the above recognition only on the basis of the statements Nos. 1 and 3.

If so, the extent of the Defendant's injury or the scope of the damage caused by the accident of this case.