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(영문) 수원지방법원 2016.03.25 2015가단111491
채무부존재확인
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by each person;

Reasons

1. Facts of recognition;

A. At around 20:30 on August 4, 2005, E, while driving a D vehicle at the three-distance distance near the rock reservoir located in Ulsan-gu, Ulsan-gu, Seoul-do, for left-hand turn, followed the Defendant’s telegraph, who was on the right-hand left-hand turn, and followed the Defendant’s telegraph.

(hereinafter “instant accident”). B.

피고는 이 사건 사고로 F병원, G대병원 등에서 장기간 입원 및 통원 치료를 받았고, 현재 복합부위통증증후군(CRPS, Complex Regional Pain Syndrome) 등으로 진단을 받았으며, 통증을 완화하기 위하여 척수전기자극기를 삽힙하는 수술을 받은 상태이다.

C. The Plaintiff is an insurer who has concluded a comprehensive automobile insurance contract with respect to a household vehicle.

[Grounds for Recognition: Facts without dispute; Gap's evidence Nos. 1-4, 6-8; Eul's evidence Nos. 1-4 (including branch numbers, if any); the purport of the whole pleadings]

2. The parties' assertion

A. It is true that the Plaintiff is liable for damages against the Defendant due to the Plaintiff’s assertion (the instant accident).

Luxembourg paid medical expenses of KRW 151,112,550 to the Defendant up to now, and paid KRW 115,00,000 as advance payment for damages.

The amount of damages recognized by the Plaintiff is as shown in the table below, and therefore, the Plaintiff is obligated to pay only 57,971,925 won [the amount of damages = 188,083,180 won - 15,111,255 won in negligence of the Defendant (151,112,550 won x 10%) in advance of damages payment [the amount of damages 115,00,000 won] to the Defendant.

Items 1,584,00 Labor Capacity Loss Rate 12.19% of negligence (12.19% of the Plaintiff’s liability ratio) and 17,31,210 of loss loss loss loss (20,496,890 of future medical treatment expenses (147,681,080) 18,083,180 of total of 188,083,180

B. The Defendant’s assertion (i.e., the Defendant received a long-term medical treatment of the instant accident for a long time, due to which the Defendant received a diagnosis from the Mixed Perjury, as well as the family being destroyed, and thus, suffered physical and mental pain until now.

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