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(영문) 서울남부지방법원 2014.02.19 2011가단49398

채무부존재확인

Text

1. The Plaintiff (Counterclaim Defendant) paid KRW 47,851,913 to the Defendant (Counterclaim Plaintiff) and its amount from January 28, 2010 to February 19, 2014.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. D, around 04:20 on January 28, 2005, driving a C vehicle that was insured by the Plaintiff’s comprehensive motor vehicle insurance in front of B apartment 701 (hereinafter “Plaintiff’s vehicle”) and left left to the left on the road. On the left side of the running direction, the Defendant’s right side part crossinging the road to the right from the left side of the driving direction was shocked to the front seat of the Plaintiff’s vehicle, thereby causing injury to the Defendant, such as ebrate damage, etc.

(hereinafter “instant accident”). (b)

On December 23, 2005, the Plaintiff and the Defendant: (a) concluded an agreement on December 23, 2005, that all damages, such as the Defendant’s lost profits, shall be set at KRW 10,000,000; (b) and (c) the compensation for the remaining disability caused by the instant accident, after five years (hereinafter “instant agreement”).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 1 to 3, the purport of the whole pleadings

2. The parties' assertion

A. The gist of the Plaintiff’s assertion was as follows: (a) the Defendant received treatment from Samsung Medical Center on January 24, 201, which was five years after the instant agreement; and (b) received a diagnosis that the permanent loss of labor capacity due to damage to the Gyeong River Water is anticipated, and claimed additional compensation from the Plaintiff.

However, since the damage of the defendant's number of damages is unrelated to the accident of this case, it is sought to confirm that there is no additional liability for damages against the defendant in relation to the accident of this case.

B. The Defendant’s summary of the Defendant’s assertion is due to the instant accident, and the ratio of contribution to the instant accident is 50%, so the Plaintiff shall pay the Defendant KRW 95,511,248, medical expenses KRW 2,100,000, consolation money, KRW 15,000,00 for additional damages in accordance with the agreement of the instant case.

3. Determination

(a) The statement No. 3 of the occurrence of the liability to compensate for damages, as to the president of the Central University Hospital of this Court.