채무부존재확인
1. The Plaintiff’s obligation to the Defendant in relation to an accident indicated in the attached Form is KRW 5,286,901 and its obligation on August 1, 2015.
1. Occurrence of liability for damages;
A. On August 1, 2015, at around 17:00, the Plaintiff, a bicycle riding on a bicycle and shocked the Defendant’s rear part of the bicycle in front of the bicycle while driving a women’s exclusive use house or a road adjacent to the Dongjak-gu Seoul Metropolitan Government C market.
(hereinafter “instant accident”). (b)
피고는 이 사건 사고로 무릎의 타박상, 무릎뼈 윤활낭염 등의 상해를 입고, 2015. 8. 13.부터 2015. 9. 2.까지 21일간 입원치료를, 이후 장기간 통원치료를 받았다.
[Ground for Recognition: Facts without dispute, Gap evidence 1, Gap evidence 2-1, 2, Gap evidence 6-1 through 8, the purport of whole pleadings]
C. According to the above facts of recognition, the Plaintiff is liable to compensate the Defendant for the damages suffered by the Defendant due to the instant accident.
2. Scope of liability for damages
A. At the time of the first lawsuit, the Plaintiff asserted that the Defendant’s daily income was KRW 1,33,673, and the future medical expenses were KRW 1,00,00,00 at the time of filing the lawsuit. However, on July 14, 2016, the Plaintiff withdrawn the said assertion by asserting that the Defendant cannot be deemed to have suffered damage equivalent to the lost income and the future medical expenses, and as such, the Defendant did not have invoked it before the Plaintiff withdraws the de facto statement unfavorable to himself. Furthermore, it is insufficient to find that each of the items of evidence Nos. 3 and 5, as stated above, has caused damage equivalent to the lost income or the future medical expenses to the Defendant.
3) Therefore, the Defendant’s damages do not recognize this part of the damages. (B) The Plaintiff 3,786,901 Won 2, as the Plaintiff was the Plaintiff, claimed that the Plaintiff’s liability should be reduced to 50%, on the ground that the Defendant took clopidogrels at the time of the instant accident, as the Plaintiff was the Plaintiff.
However, in light of the circumstances of the instant accident, the injury suffered by the Defendant is recognized as an injury to the extent normally likely to occur due to the instant accident, and the Plaintiff.