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(영문) 서울중앙지방법원 2016.12.22 2016가단5005590

채무부존재확인

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1. With respect to an automobile accident listed in attached Form 1, the Plaintiff (Counterclaim Defendant) based on the insurance contract listed in attached Form 2.

Reasons

1. Basic facts

A. The Plaintiff is an insurer who has entered into a comprehensive automobile insurance contract with respect to B vehicles (hereinafter “Plaintiffs”).

B. On July 30, 2015, at around 15:38, C: (a) driven by the Plaintiff’s vehicle, and operated the vicinity of the rest area for the death of the Gyeong-dong Police University (hereinafter “D”) while driving the Plaintiff’s vehicle, C concealed the rear part of the D vehicle (hereinafter “Defendant”) that was driven by the Defendant, while driving the Plaintiff’s vehicle around the rest area for the Gyeong-dong Police University (hereinafter “D vehicle”); and (b) concealed the rear part of D vehicle (hereinafter “Defendant vehicle”).

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

During the period from September 16, 2015 to December 21, 2015, the Plaintiff paid KRW 3,711,520 to the Defendant an insurance proceeds.

[Ground of recognition] Facts without dispute, entry of Gap 1 and 2 evidence, purport of the whole pleadings

2. Determination on the principal lawsuit and counterclaim claim

A. The parties’ assertion that the Defendant sustained injury due to the instant accident and the amount of damages therefrom is KRW 22,305,076 (i.e., KRW 16,355,000 from the lost income of KRW 950,000,000, which was part of the Plaintiff, and sought payment of KRW 11,00,000,000 among them.

At the time of the accident in this case, the Plaintiff asserted that the Plaintiff did not bear the obligation to compensate for damages caused by the accident in this case, and that the shock of the Plaintiff’s vehicle was extremely minor and thus did not cause injury to the Defendant. The Defendant’s medical treatment after the accident in this case was treated not by the injury caused by the accident in this case, but by the Defendant’s medical treatment. Therefore, the Plaintiff asserted that it did not bear the obligation to compensate for damages caused by the accident in this case

B. Determination 1) According to the written evidence Nos. 2 through 18 (including paper numbers) of the Defendant’s injury, the Defendant, at the Japanese Hospital on July 31, 2015, presumed “the pipe and human base base and tension in the part of the wood, the salt and tension in the part of the right shoulder, the salt and tension in the part of the right shoulder, and the scam, and the scams.”