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(영문) 서울중앙지방법원 2020.12.15 2020나38654
채무부존재확인 등
Text

1. The judgment of the first instance court, including a claim for additional, expansion, or reduction by this court, shall be modified as follows:

Reasons

1. The reasoning of the judgment of the court of first instance, which cited the same part of the judgment of the court of first instance, is the same as the ground of the judgment of the court of first instance, except where the following parts are added to the reasoning of the judgment of the court of first instance.

o 3rd to August 15, 2017, the part “not later than August 15, 2017” shall be written “not later than August 15, 2014.”

o 3rd nine pages "the plaintiff was placed in KRW 21,690,730 as the name of treatment, KRW 1,00,00 as advance payment," and "the plaintiff was placed in KRW 22,886,370 as the advance payment, and KRW 1,000 as the advance payment, until September 15, 2017."

o 3 10 1 and 2 of Gap evidence shall be added to the 10th line (based on recognition).

o 4 14th "2,690,730 won (Advance payment of medical expenses)" has been added to "23,886,370 won (Advance payment of medical expenses)".

o 4 16th "40%" shall be added to "25%".

o 1,616,360 won, future medical expenses, KRW 2,041,590, and KRW 6,000,000 in total, shall be paid to the Defendant for the purpose of paying the Defendant a total of KRW 19,657,950, including KRW 11,61,616,360, and KRW 2,041,590, and KRW 6,000,00 in total.”

o 4쪽 “나. 원고의 피고에 대한 손해배상채무의 발생”부터 9쪽 “4. 결론” 전까지를 아래 『』와 같이 고쳐 쓴다.

B. On March 31, 2020, the Plaintiff expressed his/her intention of offset for the first time in the reply of March 31, 2020. However, despite that the Defendant was before seeking active damage due to a counterclaim, the Plaintiff asserted that the scope of the Defendant’s lost income, future treatment expenses, and consolation money was offset by the Defendant’s title “3.-off and deduction” in paragraph (3) of the above reply, it is reasonable to deem that the Plaintiff asserted the entire damage claim of the Defendant due to the instant accident as the passive claim of offset.

Therefore, the defendant seeks a counterclaim.

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