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(영문) 대전지방법원 2015.01.16 2014나104450
채무부존재확인
Text

1. All appeals filed by the Defendant (Counterclaim Plaintiff) against the principal lawsuit and counterclaim are dismissed.

2. The costs of appeal shall be the principal office and the principal office.

Reasons

1. The reasoning of the judgment of this court cited in the judgment of the court of first instance is as follows: “from March 25, 2013 to April 14, 2013”; “from March 22, 2013 to April 11, 2013”; “actual income” in the attached Form No. 4, “from March 25, 2013 to March 25, 2013”; and “from March 22, 2013 to March 22, 2013”; and “the last day of the period” from “ April 14, 2013 to “ April 11, 201”; “Evidence No. 5” is added as the ground for recognition of actual income; and if the Defendant claims from the court of first instance to the following matters, Article 20 of the Civil Procedure Act is added as the ground for recognition of actual income; and if so, Article 40 of the judgment of the court of first instance will be added as it is as follows:

2. The Defendant asserts that, in addition to hospital treatment for the treatment of injury caused by the instant accident, the lost income during hospital treatment period should be included in the scope of liability for damages, given that the Defendant received hospital treatment for 13 days in addition to hospital treatment.

In light of the records of evidence No. 5, the defendant is found to have received medical treatment for 13 days through 13 days, but there is no evidence to prove that the defendant lost his/her labor ability during the period of medical treatment. Thus, the defendant's above assertion is without merit.

3. The conclusion is that the plaintiff's principal claim and the defendant's counterclaim are justified within the scope of the above recognition, and each of the remaining principal claim and the remaining counterclaim shall be dismissed, as they are without merit. The judgment of the court of first instance is just in conclusion, and the defendant's appeal against the principal claim and counterclaim is dismissed in its entirety as it is without merit. It is so decided as per Disposition.

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