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(영문) 서울동부지방법원 2020.07.03 2019가단107099

채무부존재확인

Text

1. On August 21, 2017, the Plaintiff’s vehicle E in the vicinity of D industrial company located in Songpa-gu Seoul around 14:00 for the Defendant.

Reasons

1. Occurrence of liability for damages;

A. 1) F is a vehicle E around 14:00 on August 21, 2017 (hereinafter “Plaintiff vehicle”).

2) The Defendant, who was parked on a crosswalk in front of the D industrial company located in Songpa-gu Seoul Metropolitan Government, was waiting to enter the above industrial company, and was waiting to walk the road to the right side from the left side of the Plaintiff’s vehicle (hereinafter “instant accident”).

2) The Defendant suffered from the injury of the Hadern, etc. due to the instant accident.

3) The Plaintiff is an insurer who has concluded an automobile comprehensive insurance contract with the Plaintiff’s automobile. [The Plaintiff is an insurer who has concluded an automobile comprehensive insurance contract (the fact that there is no dispute over the grounds for recognition, the entry of No. 1, No. 1, 5, and the video of No.

B. According to the above recognition and scope of liability, the Plaintiff was injured by the Defendant due to the operation of the Plaintiff’s vehicle, and barring any special circumstance, barring any special circumstance, is liable to compensate the Defendant for the damages incurred by the Defendant due to the instant accident.

2. In addition to the matters stated below within the scope of liability for damages, each corresponding item of the Schedule of Calculation of Compensation for Damages shall be as follows, and in principle, the period for the convenience of calculation shall be calculated on a monthly basis, but less than the last month and less than KRW 1 shall be discarded.

The calculation of the current value at the time of the accident shall be based on the reduction rate of 5/12 percent per month to deduct the interim interest.

In addition, it is rejected that the parties' arguments are not stated separately.

[Ground of Recognition] The facts without dispute, entry Eul's evidence Nos. 12 through 16, and 19 (including each number), the result of the physical appraisal commission to the G Hospital Head of this Court, the significant facts, the empirical rule, and the purport of the whole pleadings

A. Personal information 1): Income and operating period as stated in the separate sheet of calculation of damages amount in the annexed sheet of calculation of damages amount: up to August 29, 2020, the amount equivalent to the daily wage of an ordinary worker in an urban area (up to 22 days per month) shall be 65 years of age.