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(영문) 수원지방법원 2017.06.27 2016가단510118
채무부존재확인
Text

1. In relation to the accident described in the attached Form 1, the Plaintiff (Counterclaim Defendant) shall do so according to the insurance contract listed in the attached Form 2.

Reasons

The main lawsuit and counterclaim are also examined.

1. Facts of recognition;

A. The Plaintiff is an insurer who has entered into a multi-choice driver insurance contract (hereinafter “instant insurance contract”) with B as shown in attached Form 2.

In the instant insurance contract, the Plaintiff agreed to compensate for the amount of insurance coverage as KRW 100 million in the event that B is liable for tort by others during his daily life.

B. On December 12, 2015, the Defendant, along with B, participated in a multi-purpose sports hall located in the Gangwon-do Incheon-do Incheon-gun.

The defendant, according to the private person of time-based attack in the middle of the Gyeonggi-do match with the Uljin-gun, was placed as a position air gun, and the defendant and B suffered from the injury of the upper half of the left slife, the left slife, the left slife, and the half of the outer half of the year, from among the Do that the defendant and B got off after the time-based attack.

(Attachment 1 is an accident; hereinafter referred to as “instant accident”).

The Defendant was hospitalized at C Hospital from December 12, 2015 to January 6, 2016 due to the instant accident, and was hospitalized at the E Hospital on December 15, 2015, and undergone a surgery for re-building and internal surgery, and external half-yearly fluoral fluoring surgery, from January 6, 2016 to February 16, 2016, and was hospitalized at the E Hospital from January 16, 2016 to February 2, 2016.

[Ground of recognition] A without dispute, Gap evidence Nos. 1-5, Eul evidence Nos. 1-4, Eul evidence Nos. 7-3, witness F’s testimony, the result of the commission of physical examination to the head of the Seoul Hospital of the Macheon-do University, the purport of the entire pleadings

2. Occurrence of liability for damages;

A. In full view of the following circumstances, which can be seen by the evidence mentioned above, the instant accident should be noted that B does not face with the Defendant while making an hourly attack following the Defendant, but is negligent in paying due attention.

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