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(영문) 창원지방법원마산지원 2015.10.23 2015가단102135
채무부존재확인
Text

1. In relation to the traffic accident stated in the separate sheet, the Plaintiff’s obligation to pay insurance money to the Defendant does not exist.

Reasons

1. Basic facts

A. On April 22, 2014, at around 10:55, the Defendant driven a vehicle B (hereinafter “Defendant vehicle”) and proceeded into the intersection in front of the DNA telecom in the Gyeong-gun, Gyeongnam-gun, Gyeongnam-gun, from E to the roadside surface. On the other hand, the Defendant was faced with an accident of harming the G vehicle in F-owned (hereinafter “Plaintiff vehicle”) that was going into a new ground in the open market.

(hereinafter “instant traffic accident”). (b)

The Defendant was diagnosed as suffering from the salt ties and tensions in need of medical treatment for about two weeks due to the instant traffic accident.

C. The Samsung Fire and Marine Insurance Co., Ltd., the insurer of the Defendant vehicle (hereinafter “Trisung Fire”) paid 249,630 won for direct non-payment, and 328,760 won for other treatment, and 716,000 won for automobile accident insurance (the legal damages held by the victim) (i.e., the injury amount of KRW 150,000 for future treatment costs of KRW 400,000 for other losses) (i.e., the injury amount of KRW 16,00 for future treatment costs of KRW 16,00 for the injury amount of KRW 1,40,000 for agreed amount of KRW 1,400 for future treatment costs of KRW 983,280 for future treatment costs of KRW 416,720 for future treatment costs of KRW 300,00 for future treatment costs of KRW 300 for the insurer of the Plaintiff vehicle).

Changwon District Court Masan District Court 2014 Ghana2582 d.

On April 29, 2015, the above court sentenced the Plaintiff to pay the above amount and the damages for delay thereof in full to Samsung Fire, and the Plaintiff paid all the principal and interest accrued to Samsung Fire on May 21, 2015 according to the above judgment.

E. On May 9, 2014 and January 20, 2015, the Defendant: (a) received money from Samsung Fire in the name of the agreed amount including future treatment expenses; and (b) drafted a written agreement with the Defendant that the Defendant would transfer all rights to the other party to Samsung Fire within the scope of the said amount to the other party, give up all rights; and (c) would no longer claim any further.

However, even thereafter, the plaintiff is entitled to additional insurance money.

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