채무부존재확인
1. The judgment of the court of first instance, including the claim for the principal lawsuit extended and reduced by the plaintiff (Counterclaim defendant) in this court, is next to the judgment.
1. The reasoning of the judgment of the court of first instance as to this case is the same as the reasoning of the judgment of the court of first instance, except for dismissal or addition as follows. Thus, this case is quoted as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.
The "131,158,970 won" in the third 7th 7th , shall be deemed "139,701,160 won", the "provisional payment" in the 8th , respectively, shall be deemed "for the purpose of compensation other than medical expenses," and the "Evidence No. 15" shall be added to the 10th 10th .
The 5th page 12, 13 is as follows.
(1) As seen earlier, the Plaintiff paid the Defendant totaling KRW 147,201,160 for damages other than KRW 139,701,160 and KRW 7,500 for the purpose of compensating for damages other than medical expenses.
In the first instance following the 11th instance, the Defendant asserted that, on the basis of the medical certificate of a doctor's successor to Seoul National University Hospital (Evidence No. 14), the Defendant's labor ability loss rate due to the aftermath of the instant accident has reached 58% and that such situation may continue in the future. However, in light of the circumstances and the above circumstances acknowledged in paragraph (a) above, the Defendant is currently receiving treatment and it is difficult to ensure the fairness and reliability of the diagnosis of the above disability, and there is no other evidence to acknowledge it. Accordingly, the Defendant's above assertion is not acceptable.
The 6th page 14 through 7th page shall be as follows.
㈐ 위자료 이 사건 사고의 경위, 피고의 나이, 상해 및 후유장해의 정도, 기타 이 사건 변론에 나타난 제반 사정을 참작하여 1,000,000원으로 정한다.
Article 11,178,811 of the damages suffered by the Defendant due to the instant accident (i.e., medical expenses of KRW 4,076,782 and KRW 6,102,029 and KRW 1,000,000). The amount of unjust enrichment that the Defendant shall return to the Plaintiff is the amount that the Plaintiff should return.