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(영문) 울산지방법원 2015.10.23 2014가단61905

채무부존재확인

Text

1. On April 13, 2014, the Plaintiff (Counterclaim Defendant) paid KRW 28,040,585 to the Defendant (Counterclaim Plaintiff) and KRW 26,365,124 among them.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. On April 13, 2014, the Plaintiff: (a) had put put put to put in place and put to put in place in place at the place of put and put in place games in Ulsan-gu, Ulsan-gu; (b) the Defendant, the counterpart player, was placed in the place of put and put to put in place games; (c) sold the Plaintiff, who was placed in the place of placing the Plaintiff, and the Defendant’s right and right and right and right and right and right and rears of the Defendant.

B. On April 14, 2014, the Defendant was hospitalized in the D Hospital and received an Akknis restoration surgery on April 15, 2014, discharged on April 29, 2014, and received outpatient treatment until June 27, 2014, and received the treatment at the Ulsan National University Hospital on August 12, 2014.

[Grounds for Recognition: Evidence Nos. 1, 4, Eul Nos. 2, 7, and 8, the purport of the whole pleadings]

2. The allegations by the parties and the determination thereof

A. (1) The Plaintiff’s act at the time of the instant accident does not deviate from the scope of social reasonableness in sports events, and thus, the Defendant is not obliged to pay damages.

(2) At the time of the accident of this case, the Plaintiff, as well as the Plaintiff, did not put put put to place place to place to place to place to place to place to place to place to place to place to place to place to the Plaintiff, and then the Defendant left to place to place to place to the Defendant after the lapse of the Defendant’s contribution.

Therefore, the Plaintiff is liable for compensating the Defendant for damages of KRW 44,196,40 (the Defendant appears to have made a mistake in its total while claiming for payment of KRW 3,429,410,00 for lost earnings, KRW 40,969,290 for lost earnings, KRW 3,927,10 for treatment expenses (the Defendant’s claim for reduction of KRW 3,429,410 from his preparatory document dated August 10, 2015), KRW 3.3 million for future medical expenses, and KRW 5 million for consolation money).

B. A person who participates in an athletic game as to whether a liability for damages is established may vary due to his or her act by other competitors, etc., and thus, he/she bears the duty of safety consideration, which is the duty of good faith, to ensure the safety of life and body of other competitors, while complying

However, there is a problem.