채무부존재확인
1. Revocation of a judgment of the first instance;
2. On October 16, 2015, the Plaintiff driven on the front side of the interesting Myeon Office in nuclear cities around 15:30.
1. Basic facts
A. The Plaintiff is a driver of CM7 vehicle (hereinafter “Plaintiff vehicle”), and the Defendant is a driver of DUP vehicle (hereinafter “Defendant vehicle”). The Defendant is a driver of DUP vehicle.
B. At around 15:30 on October 16, 2015, the Plaintiff was driving the Plaintiff’s vehicle on the front side of the interesting Myeon Office located in the interesting Myeon Office in the interesting Myeon, and was shocked by the part of the back part of the Plaintiff’s vehicle to the back part of the front part of the Defendant vehicle.
(hereinafter “instant accident”). C.
On October 17, 2015, the day following the instant accident, the Defendant was hospitalized in an emergency room of the E Hospital, and was diagnosed with scopical and copical base for two weeks from the date of the instant accident, and was hospitalized in the E Hospital until October 21, 2015. From October 21, 2015 to October 24, 2015, the Defendant was hospitalized in the F Hospital.
[Ground of recognition] The fact that there has been no dispute, Eul No. 11 (including branch numbers, if any; hereinafter the same shall apply), the purport of whole pleadings
2. Summary of the parties' arguments
A. The Plaintiff’s assertion was a minor accident that has almost little impact on the Plaintiff’s vehicle and the Defendant’s vehicle, and the Defendant did not have any injury due to the instant accident.
Nevertheless, the defendant suffered injury due to the accident of this case and is hospitalized in the hospital and sought compensation for damages to the plaintiff. Thus, the plaintiff seeks confirmation that the defendant has no obligation to compensate for human damage due to the accident of this case.
B. The defendant alleged that the defendant suffered from an injury to the climatic and chale base due to the instant accident, and thus, the plaintiff is liable to compensate the defendant for damages of 687,100 won (384,380 won 302,720 won) for the expenses for hospitalized treatment at E Hospital and F Hospital, 895,660 won (1 day 89,566 won x 10 days) for lost income during the period of hospitalization, 3,000,000 won for consolation money due to the injury, and 4,582,760 won in total.
3. Determination A.