채무부존재확인 등
1. The Plaintiff (Counterclaim Defendant) paid KRW 28,00,000 to the Defendant (Counterclaim Plaintiff) and its related amount from July 19, 2015 to August 20, 2019.
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. On July 19, 2015, around 15:40 on July 19, 2015, C, the insured of the Plaintiff, driven a D vehicle (hereinafter “instant vehicle”) and driven the front of the F in Gangwon-do Party E from the direction of Gangseo-si to the direction from the direction of Gangseo-si (hereinafter “instant accident”).
At the time, the pedestrian signal of the above crosswalk was red.
B. The Defendant suffered injuries, such as the closed tent cutting down, the right-side pelkes, etc., due to the instant accident.
C. On January 27, 2016, the Defendant was diagnosed by G Hospital with mental disorders, including the loss of flavoring, brain damage, brain disorder, and physical disease, and is currently being treated until now.
On July 24, 2015, the Plaintiff paid the Defendant a total of KRW 3,390,000,000 as damages, and KRW 77,158,660,00, in total, from August 25, 2015 to June 10, 2019.
[Grounds for Recognition: Unsatisfy, Gap's statements and images stated in Gap's evidence 1.2, 5, and 9, the result of physical appraisal of H Hospital Head by the medical corporation of this court, the purport of the whole pleadings]
2. Grounds for the claim;
A. The Defendant’s frame was already completed due to the instant accident, which caused the cause of the principal claim, and the treatment had been completed, and the injury of the flag, brain function, abnormal brain function, and other mental disorders are irrelevant to the instant accident.
Therefore, the plaintiff does not have the insurance money to be paid to the defendant with respect to the accident of this case.
In addition, the defendant has the duty to return to the plaintiff the medical expenses for brain damage without causations with the accident of this case 21,703,600 as unjust enrichment among the medical expenses paid by the plaintiff.
B. Since the defendant's memory and recognition disorder are recognized as 30% related to the accident, the defendant's memory and recognition disorder as a cause of the counterclaim is obligated to compensate for the defendant's damage caused by memory and recognition disorder within the scope of the counterclaim.
Therefore, the following expenses are the opening expenses, the future opening expenses, and the auxiliary equipment expenses: