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(영문) 수원지방법원 2015.08.13 2014나45956
채무부존재확인
Text

1.The judgment of the first instance, including a claim for a counterclaim expanded and reduced in the trial, shall be modified as follows:

Reasons

1. The reasons why the court should explain this part of the underlying facts and the occurrence of liability for damages are as stated in the corresponding part of the judgment of the court of first instance, except for the deletion of the main claim and counterclaim under Section 2, Section 19 of the judgment of the court of first instance, and the removal of the list under Section 7 of the judgment of the court of first instance as “attached Form 2,” and the corresponding part of the judgment of the court of first instance, “1. Basic Facts” and “the occurrence of liability for damages under Section 2,” thereby citing it as it is in accordance with the main sentence of

2. The calculation of the current rate of damages to the extent of compensation for losses shall be based on the method of simple interest deduction at the rate of 5/12 per month.

In addition, it is rejected that the parties' arguments are not stated separately.

1) Active Damage 1: 3,184,870 won from the date of the instant accident to April 25, 2012, the fact that the Defendant spent 2,893,700 won does not conflict between the parties, and considering the overall purport of arguments in Gap evidence 3, Eul evidence 8-1 through 5, the amount that was additionally paid as medical expenses from August 13, 2012 to August 23, 2014 (36,00 won 36,570 won 46,570 won 16,930 won 15,670 won) can be recognized as 2.0 won from the date of the instant accident to April 25, 2012, the Defendant may seek for the remaining amount of 3,184,870 won (2,709,700 won from the date of the instant accident to the date of the instant accident to the date of 2,700 won from the date of the instant accident to the date of 2, 3, 2070.5 won from the instant trust.

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