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(영문) 제주지방법원 2020.05.14 2019가단3263
채무부존재확인
Text

1. The plaintiff (the counterclaim defendant, the plaintiff hereinafter referred to as the "the plaintiff") shared with the defendant (the counterclaim plaintiff, the plaintiff hereinafter referred to as the "the defendant") 2,858.

Reasons

The principal lawsuit and counterclaim shall be judged together.

Comprehensively taking account of the overall purport of the evidence argument submitted by the plaintiff A and the defendant, the fact that the plaintiff and the defendant paid KRW 2,858,610 to the plaintiff on October 18, 2018 among the treatment expenses that the defendant paid KRW 2,858,610 to the US company, which was conducted in D located in Gangnam-gu Seoul Metropolitan Government, due to the participation of the victim E, while faced with the plaintiffs due to the participation of the victim E.

Therefore, the Plaintiffs, who are joint tortfeasors, jointly compensate the Defendant for damages within the scope of expenses paid pursuant to Article 58(1) of the National Health Insurance Act. As such, the Plaintiffs shall pay damages for delay calculated at each rate of 5% per annum under the Civil Act from October 19, 2018, which is the day following the payment date, until December 9, 2019, and 12% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the day of full payment.

Therefore, the main claim is dismissed, and the counterclaim is accepted, and it is decided as per Disposition.

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