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(영문) 대전지방법원천안지원 2020.02.12 2018가단111768
채무부존재확인
Text

1. In relation to a traffic accident listed in the attached Form 1 list, the plaintiff (Counterclaim defendant) shall be listed in the attached Form 2 list.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Case summary

A. In relation to the traffic accident listed in the separate sheet No. 1 (hereinafter referred to as the “accident”), the Plaintiff, the insurer, pursuant to the automobile insurance contract listed in the separate sheet No. 2 (hereinafter referred to as the “the instant insurance contract”), paid insurance money as stated in the separate sheet No. 1,2,3, and 5, and the remainder of KRW 6,79,662, excluding the aggregate of KRW 1,45,408, out of the payment treatment expenses, shall be borne by the Defendant as non-related to the instant accident. Therefore, the Defendant shall return the money claimed in the main claim, which deducts KRW 500,000 for consolation money, to the Plaintiff as unjust enrichment, and further, the Plaintiff’s obligation to pay damages under the instant contract against the Defendant due to the instant accident.

B. In regard to this, the Defendant asserts that the amount of insurance money equivalent to the medical expenses incurred by the Plaintiff is for the treatment of the injury inflicted on the Defendant due to the instant accident, and that the Defendant should pay the amount of KRW 35,00,000 in total as stated in the claim for the counterclaim, on the ground that the damage occurred to the Defendant due to the instant accident, which occurred in the daily income of KRW 10,000,000, consolation money of KRW 25,000,000.

2. Under the key issue, the facts and legal judgments of Gap evidence 1 to 7, Eul evidence 1, and the facts acknowledged by considering the whole purport of the arguments as a result of the physical appraisal commission to the director of the hospital of this Court, and the legal judgment thereof in the order of the key issues.

A. In light of the result of the physical appraisal commission as to the relation to the instant accident, after the instant accident, there was a pain to the Defendant and the left-hand side after the instant accident, but there was a damage to the level of the crypted salt, which was the damage of the crypted salt level, and there was no injury in relation to the instant accident.

However, the defendant on January 15, 2016.

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