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(영문) 대전지방법원 2015.11.20 2014가단8964
채무부존재확인
Text

1. With respect to a traffic accident stated in the attached Form, the Plaintiff (Counterclaim Defendant) shall pay to the Defendant (Counterclaim Plaintiff).

Reasons

1. Facts of recognition;

A. At around 14:10 on May 21, 2013, B, while driving a vehicle C (hereinafter “Plaintiff”) on the roads of Guro-gu Seoul Metropolitan Government, Guro-gu, 801-1, the Defendant was shocked on the road to get a taxi.

(hereinafter “instant accident”). B.

On May 24, 2013, the Plaintiff is an insurer who entered into a comprehensive automobile insurance contract with respect to the Plaintiff’s vehicle, and paid KRW 700,000 to the Defendant with the agreed amount, and on May 28, 2013, the Defendant paid KRW 86,420 to the DNA department, which was treated by the Defendant.

[Ground of recognition] Facts without dispute, entry of Gap evidence 2 to 4, purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion that the damage was caused by the instant accident, which was caused by the king of the damage to the front part of the back part of the shoulder and the upper part of the water pipe, and the damage to the subversive body of the water pipe.

B. On May 24, 2013, the Defendant’s assertion for the Defendant agreed with the Plaintiff on May 24, 2013. After the agreement was reached, the Plaintiff was diagnosed at the hospital as a result of the examination of the damage to the right part of the opening area of the opening area of the opening area of the opening area of the opening area of the opening area of the opening area of the opening area and the right part of the upper part of the body, and the damage to the upper part of the body, which was caused by the accident of this case. As such, the Plaintiff is obligated to pay the Defendant the damages amounting to KRW 34,101,527 (i.e., KRW 9,414,024 (= KRW 2,528,00 for the first medical expenses of KRW 2,159,503 for the first medical expenses of KRW 20,000

3. Determination

A. In full view of the following circumstances acknowledged by the Defendant, comprehensively taking account of the statement Nos. 3, 4, and 7 of the causal link between the injury and the accident alleged by the Defendant, and the result of the instant court’s physical examination commission to the director of the Daejeon Hospital at the Tol University, the Defendant is insufficient to acknowledge that the Defendant suffered damage to the right-hand sponsor, the right-hand sponsor and the right-hand sponsor, and there is no other evidence to prove otherwise.

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