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(영문) 인천지방법원부천지원 2015.02.05 2012가단8026

채무부존재확인

Text

1. With respect to the traffic accident stated in the attached list, damages against the Defendant (Counterclaim Defendant) of the Plaintiff (Counterclaim Defendant) are assessed against him.

Reasons

A principal lawsuit and counterclaim shall be deemed to be combined.

1. The following facts may be acknowledged in full view of the following facts: Gap evidence 1, 2, Eul evidence 1, 3-1, 2, 4-1, 5-5, Gap evidence 6-1, 2, 3, Eul evidence 7, Eul evidence 2-1, 2, 3-3, Eul evidence 2-2, 3-3, 4, Eul evidence 4, 5, 8, 9, 10, and 12-1, 2, and 3-1, 3-2, 4, 5, 8, 9, 10, and 12-1, 3 of this Court's evidence, and the whole purport of the arguments commissioned as a result of each physical examination of the head of the Guro University and the head of the roadside Hospital.

The Plaintiff is an insurer who has entered into an automobile comprehensive insurance contract with respect to the vehicle B and C (hereinafter referred to as the “Plaintiff vehicle”) with respect to the term of insurance from January 6, 2009 to January 6, 2010, under which the term of insurance was set as from January 6, 2009, and as to the personal compensation I, the personal compensation II, and the personal compensation.

B. B driven the Plaintiff’s vehicle on October 30, 2009, around 18:10, while driving the Plaintiff’s vehicle, the Hancheon-gu Won-gu Won-gu Won-gu Won-si’s original 2 house proceeds the alley way into the sloping apartment room from the central market room, and the Defendant, who was walking on the sloping part, was shocked to go beyond the Defendant, and had the Defendant go beyond the Defendant go beyond the Defendant, and imposed the Defendant’s left side with the back wheels of the Plaintiff’s driver’s seat.

(hereinafter referred to as “instant accident”). C.

The defendant was diagnosed by the accident of this case as requiring a stability fee for two months after the operation at a dratium inside and outside of the Dratium, the outer side of the left-hand satisfaction, the outer side of the spatium, the spatium and tension of the spatium, the salt of the spatium, and the tension. On November 2, 2009, the defendant was hospitalized at the above hospital for thirty-two days until November 30, 2009.

The defendant received KRW 1,500,000 from the plaintiff on November 4, 2009, when hospitalized treatment was in progress, and on November 9, 2009, "the amount of consolation money, loss of business suspension, future treatment expenses (the cost of removing metal plates) due to the accident in the case, the whole amount of legal damages (the treatment is responsible from the plaintiff's insurance company until November 23, 2009), and the amount included in advance payment, which is 12,500.