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(영문) 광주지방법원순천지원 2020.01.08 2019가단931

채무부존재확인

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1. With respect to the accident described in the attached Form (1), the time limit for the automobile mutual aid contract of the plaintiff as stated in the attached Form (2) against the defendant.

Reasons

1. Basic facts

A. The Plaintiff entered into an automobile mutual aid agreement in the attached Form (2) with D as to the E rocketing vehicle (hereinafter “instant vehicle”).

B. At around 13:10 on June 21, 2017, D, while driving the instant vehicle, caused an accident described in attached Form 1 (hereinafter “instant accident”).

C. On September 20, 2017, the Defendant issued and delivered a written agreement stating that “The instant agreement will be dealt with separately according to a medical specialist’s opinion” (hereinafter referred to as “instant agreement”) to the effect that the instant accident requires two-time medical treatment as “satise, satis, satise, satise, and satise base.” On September 20, 2017, the Defendant received KRW 1,700,000 from the Plaintiff, and the Plaintiff paid KRW 1,70,000 from the Plaintiff.”

From January 15, 2018, the Defendant asserts that from around January 15, 2018, the side of the instant accident to the Plaintiff left a memorial signboard disability and pain (hereinafter referred to as “instant disability”) and demanded additional payment of medical expenses, etc.

[Ground of Recognition] Facts without dispute, Gap evidence 1 to Gap evidence 3, Gap evidence 5 to Gap 7, Gap evidence 15-1 to Gap 16, Eul evidence 2-1 to 3, Eul evidence 3, the purport of the whole pleadings

2. The parties' assertion and judgment

A. The plaintiff asserted that the disability of this case cannot be deemed to have occurred due to the accident of this case as a king certificate, and therefore, the plaintiff's liability for damages against the defendant related to the accident of this case does not exist any longer.

In this regard, the defendant asserts that the disability of this case constitutes a disability arising from the accident of this case, and the plaintiff is liable for damages to the defendant.

B. The purport of the entire pleadings is as follows: (a) judgment kives, A4, A8 through A14, A17, and B-2-8.