(영문) 대구지방법원 2017.10.25 2017나304671

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(영문) 대구지방법원 2017.10.25 2017나304671

채무부존재확인

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. The reasoning for the court’s explanation on this part of the basic facts is the same as the corresponding part of the judgment of the court of first instance, and thus, they are cited pursuant to the main sentence of Article 420 of the Civil Procedure

2. The parties' assertion

A. The succeeding intervenor's assertion that the defendant's fault ratio in relation to the accident of this case constitutes 70%, and the insurance money that the succeeding intervenor has to pay to the defendant for the injury of the defendant due to the accident of this case is 8,400,000, 5,120,097, and 4,021,731 (i.e., 13,405,770 x 0.3) from the amount equivalent to the defendant's fault ratio among the treatment expenses already paid under the accident of this case, 4,496,172 (=63,565,960 x 0.7 x 0.07) from the successor's liability insurance money, 110,000,000 won (i.e., the liability insurance money for the subsequent disability of 90,000,000 won, 250,000 won, and 250,000 won.

B. The defendant's assertion that the accident of this case occurred entirely from the negligence of F, the other party, so there is no negligence of the defendant.

In addition, the successor intervenor is obligated to pay 18,055,660 won for the future treatment expenses for the injury and the total amount of 46,95,660 won for the injury and for the injury and 46,95,660 won for the defendant. The total amount of 46,95,660 won for the damage related to the disability is within the limit of 90,000 won, which is the limit of the amount of the liability insurance for the injury and the total amount of 18,05,660 won for the injury, but 9,000,000 won for the insurance money for the injury and the amount of 18,05,660 won for the injury and the amount of 9,00,000 won paid by the defendant for the government security business from the plaintiff, so the successor has the obligation to pay 7,00,000 won for the injury to the defendant (=20,000,000 won for the injury).

3. Occurrence and scope of liability for payment of insurance proceeds;

(a) Major contents of a non-insured motor vehicle security agreement prior to the conclusion of such special agreement;

참조조문

-민사소송법 제420조

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