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(영문) 광주고등법원 2010.04.14 2009나7464

채무부존재확인

Text

1. Of the judgment of the court of first instance, C insurance as described in the attached Form 2 “the text finalized by the judgment of return.”

Reasons

1. Scope of adjudication of this court;

A. Insurance money (hereinafter “C insurance”) paid by the Plaintiff to the Defendant under each insurance contract listed in attached Form 1(2) (hereinafter “each insurance of this case”) related to the traffic accident listed in attached Form 1(1) (hereinafter “instant accident”).

(3) The amount of the remaining disability insurance proceeds under the Act, 4 million won, 1 million won for medical expenses, 1.20,000 won for temporary living expenses, 1.20,000 won for D Insurance (hereinafter “Second Insurance”).

A) A lawsuit seeking confirmation that there is no obligation to pay the Plaintiff’s insurance proceeds to the Defendant in connection with the instant accident, other than 12 million won (a total of 1,712 million won), was filed by filing a counterclaim to seek confirmation that there is no obligation to pay the Plaintiff’s insurance proceeds to the Defendant in connection with the instant accident. Accordingly, the Defendant filed a counterclaim to seek the payment of additional benefit insurance proceeds of Type 1 insurance (a total of KRW 1,00,000,000,000,000,000,000,000 won for self-reliance support fund, KRW 36,880,000,000,000,000 won for additional benefit benefit of Type 2 insurance (a total of KRW 1,000,000,000,000,0000,000 won, and KRW 4,000,0000,000,000,000 won for each of the Defendants.

B. In the first instance trial prior to remanding, the Plaintiff’s liability to pay the insurance amount was additionally recognized for KRW 30 million for self-reliance assistance funds of Type 1 insurance, and KRW 1680,000,000 for the provisional living expenses, in addition to the sum of the insurance amount of KRW 1,200,000,000 which is recognized in the judgment of the first instance trial ( KRW 1,000,000,000,000 won for Type 2 Insurance), and all the Defendant appealed

C. The Supreme Court ruled against the plaintiff on the claim for the payment of the additional benefit insurance for the second insurance, the part against the plaintiff on the claim for the payment of the provisional benefit insurance for the first insurance.