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(영문) 대전지방법원 2014.11.11 2013가단212001
채무부존재확인
Text

1. Compensation for damage by the Plaintiff (Counterclaim Defendant) on the Defendant (Counterclaim Plaintiff) due to a traffic accident stated in the attached Form.

Reasons

1. Facts of recognition;

A. B driven at around 09:00 on December 14, 2012, 2012, while driving a Csi (hereinafter “Plaintiff-si”) and driving a three-lane road in front of Daejeon Jung-gu along three-lanes from the side of the side shooting distance to the rooftop, the Defendant’s driver’s vehicle driven in the same direction.

(hereinafter referred to as “instant accident”). (b)

The plaintiff is a mutual aid business entity that entered into a motor vehicle mutual aid agreement with the plaintiff taxi.

[Ground of recognition] Facts without dispute, entry of Eul evidence 1, video of Gap evidence 3, purport of whole pleading

2. The parties' assertion

A. Since the Plaintiff’s accident of this case’s main claim does not exist in the Defendant’s actual income and medical expenses due to the instant accident due to a minor accident, the Plaintiff’s obligation to compensate for damages against the Defendant does not exceed 250,000 won.

B. In the instant case, the Defendant suffered damages of KRW 6,652,218, medical expenses, KRW 4,917,80, KRW 5,000, and KRW 17,143,964 in total due to the Defendant’s counterclaim, and thus, the Defendant sought compensation for the damages.

3. Determination

A. According to the above fact of recognition of liability for damages, the Plaintiff is liable to compensate the Defendant for damages caused by the instant accident as a mutual aid business entity of Plaintiff taxi.

B. (1) The judgment on the scope of damages is without a dispute between the parties who were aged 60 and 3 months at the time of the instant accident to Girst Women. The Defendant reached the age of 60 and the maximum working age was set. According to the result of the fact-finding on the Vice Governor of Daejeon District of the National Health Insurance Corporation, the Defendant, since around 2005, was recognized to have been continuously receiving medical treatment until the instant accident due to a light signboard disability accompanied by the Girst Disease certificate, acute organ infection, detailed in-depth transplant, and other in-depth tyroidism in pipes, and thus, considering these factors, the Defendant reached the age of 60.

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