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(영문) 대구지방법원 2015.05.28 2014나15673
한정채무부존재확인
Text

1. The judgment of the first instance, including the Plaintiff (Counterclaim Defendant)’s principal claim expanded from the trial, is as follows:

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. C entered into an automobile mutual aid agreement with the Plaintiff on behalf of the Plaintiff to compensate the Plaintiff for the loss when the Plaintiff incurred loss to another person due to an accident in the course of operating the said vehicle on the said vehicle (hereinafter “Plaintiff vehicle”).

B. At around 00:30 on February 17, 2005, C, while driving the Plaintiff’s vehicle and driving the three-lane of the three-lane road in front of the Daegu Northernbuk-gu B convenience point on the side of Samsung Home Stacker, he changed the course to one-lane in order to get passengers getting out of the way and to walk out, and caused the instant accident, which led to the collision of the first front part of the E driver’s car (hereinafter “Defendant’s vehicle”) running on the same one-lane in the same direction.

C. At the time of the instant accident, the Defendant, who was on board the Defendant’s vehicle at the time of the instant accident, was suffering from injury and was hospitalized in the Garyaryary Department by undergoing clinical diagnosis, such as No. 4-5 and No. 5-6 from February 17, 2005 to July 25, 2005, No. 3-4, No. 4-5, and No. 5-5, and No. 1, No. 5, and No. 1, respectively.

After that, on July 25, 2005, the Defendant was transferred to the Gmoron University Hospital No. 4-5 of the Y, No. 5-2 of the 5-2 of the 1st century, and received preservation treatment in accordance with the clinical diagnosis of the symptoms in the cirrative signboard No. 1 of the cirrative signboard No. 1 of the 2008, and the Defendant continued to undergo preservation treatment, such as the cirical, stal, and cirical, and the cirical, No. 4-5 of the cirrative signboard No. 4-5 of the 2005, and No. 5-2 of the 1 of the cirrative signboard No. 1 of the 5-208, and the cirrative and cirical was performed on February 23, 2009.

E. The defendant on January 2009

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