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(영문) 서울중앙지방법원 2018.10.17 2016가단5064803
채무부존재확인
Text

1. There is no obligation of the Plaintiff to pay damages to the Defendant with respect to the accidents listed in the attached Table 1.

Reasons

1. Facts of recognition;

A. Around 22:30 on October 27, 201, C driven a D-car (hereinafter “Plaintiff-Motor”) and concealed the front part of the Defendant’s vehicle, which was stopped in the front of the Korea Highway Corporation at the subordinate city of the lowernam-si, while driving the said road, while driving the said vehicle in front of the Korea Highway Corporation.

(Attachment 1) An accident shall be as specified in attached Table 1; hereinafter referred to as “instant accident”). (b)

In the instant accident, the Defendant suffered from injuries, such as brain, salvin, and salvinal salk.

C. The Plaintiff is an insurer who entered into an automobile comprehensive insurance contract with respect to the Plaintiff’s vehicle.

The Plaintiff paid KRW 11,398,680 as the Defendant’s medical expenses, and paid KRW 844,00 as the advance payment for damages.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 6, purport of whole pleadings

2. The assertion and judgment

A. The plaintiff asserts that in relation to the accident of this case, there is no obligation to pay damages to the defendant in relation to the accident of this case, and rather, the defendant should return it as unjust enrichment, since it was paid in excess of KRW 7,929,243 as advance payment of medical expenses and damages.

On the other hand, the defendant asserts that the plaintiff is responsible for paying the difference between the damages, the expenses for the period of payment, and the advance payment for the damages, since the defendant suffered damages of KRW 44,409,55 and the damages of KRW 50,000,00 due to the accident of this case.

(b) Except as otherwise provided under the judgment (the scope of liability for damages), each of the relevant items in the Schedule of Calculation of Compensation for Damages shall be as follows, and in principle, the period for calculation convenience shall be calculated on a monthly basis, but less than the last month and less than KRW 2 shall be discarded.

At the time of the accident, the amount of damages shall be calculated at the rate of 5/12 percent per month to deduct interim interest.

It shall be rejected that the parties' arguments are not separately explained.

1) Personal information on actual income A): Attached Form 2 of the damages calculation sheet is as stated in the column for “basic matters”.

(b) income and income;

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