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(영문) 대전지방법원 2018.04.05 2017가단15352
한정채무부존재확인
Text

1. The plaintiff's damage compensation amounting to more than KRW 9,349,00 in relation to the accident stated in the separate sheet against the defendant.

Reasons

1. The fact that the Plaintiff was recognized as the owner of the Cone Star vehicle (hereinafter “Plaintiff”), and the Plaintiff’s vehicle shocked the Plaintiff’s Obane as indicated in the attached Form (hereinafter “instant accident”).

[Ground for Recognition: Facts without dispute, purport of whole pleadings]

2. The Plaintiff’s determination of the claim is merely 8.40,00 won due to the instant accident, and the Plaintiff seeks to confirm that there is no obligation to pay the substitute damages exceeding the above amount, such as the purport of the claim.

In full view of the statements in Gap evidence Nos. 1 through 8, and the purport of Gap evidence No. 1 and the whole arguments, it can be found that the defendant had been found that the defendant had been found to have been unable to recover the complete performance, even though he was unable to recover the full performance, after he was unable to receive the compensation for damage from the plaintiff as he was unable to receive the compensation for damage.

Therefore, it is reasonable to view that the damages suffered by the Defendant due to the instant accident is KRW 9,349,00.

3. Conclusion: (a) it is confirmed that there is no obligation to pay damages for substitute property exceeding KRW 9,349,000 in relation to the Plaintiff’s instant accident against the Defendant; (b) the Plaintiff’s claim is accepted within the scope of the above recognition within the scope of the recognition, and the remainder of the claim is dismissed as it is without merit; (c) but (d) it is ordered that the Plaintiff bear litigation costs

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