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(영문) 서울서부지방법원 2016.08.11 2015가단239082
채무부존재확인
Text

1. At around 19:10 on August 27, 2015, the Plaintiff boarded at 267 MBC Broadcasting Station, Mapo-gu Seoul, Mapo-gu, MabC Broadcasting Station.

Reasons

1. Basic facts: (1) On August 27, 2015, the Plaintiff paid KRW 5 million insurance money to the Defendant after the instant accident (hereinafter “instant accident”); (2) The Plaintiff, a fire & marine insurance company, which entered into a contract with the Plaintiff, paid KRW 5 million insurance money to the Defendant, either there is no dispute between the parties, or in full view of the written evidence No. 1, No. 1, B, and No. 2, No. 267, and No. 2, and No. 2, each of the written evidence No. 1, No. 2, No. 2, and No. 2.

2. As long as the Defendant received KRW 5 million from the insurer of the Plaintiff’s insurance money, the Plaintiff asserts that there was no liability for damages against the Defendant arising from the instant accident, and that the Defendant sustained damages equivalent to KRW 13,502,00 in total, including KRW 13,40,960, KRW 304, KRW 300, KRW 300, KRW 754, KRW 480, KRW 300, KRW 1300, KRW 2000, KRW 13,50, KRW 502,000, KRW 200, KRW 13,502,00, KRW 380, KRW 200, KRW 200, KRW 300, KRW 304, KRW 793,608, KRW 300, KRW 300, KRW 300, KRW 200, KRW 200.

In light of the background and content of the instant accident, the Plaintiff’s bicycle and the Defendant’s contact point, the speed of bicycle riding at the time, and the progress after the accident, etc., as to whether the Defendant suffered damage exceeding five million won of the insurance proceeds already received due to the instant accident, the evidence submitted by the Defendant alone is insufficient to recognize such damage. (No. 4, 7,404,060 won, and the medical expenses (No. 4,404,060 won) incurred by the Defendant for hospitalization and outpatient treatment, and the treatment

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