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(영문) 서울남부지방법원 2014.09.30 2012가단207566
채무부존재확인
Text

1. The Plaintiff (Counterclaim Defendant)’s obligation to compensate for damages with respect to each traffic accident attached hereto.

Reasons

1. Basic facts

A. The Plaintiff is an insurer who entered into each comprehensive automobile insurance contract with D and E Belgium with respect to the vehicles of B and C, respectively.

B. Around 17:13 on December 18, 2010, F, an employee of B, was driving the said Grand Forces and driving it on the back road of Yongsan-gu Seoul Yongsan-gu, Yongsan-gu, Yongsan-gu, Seoul. Around December 17:13, 2010, F, a staff member, caused an accident that led to an accident that led to the backer on the left side of the G or the other vehicle of the defendant driving who stopped from the right alley to the rear side of the said Grand Government Vehicle.

(hereinafter “instant primary accident”). C.

On November 29, 2011, at around 12:40, the Defendant:41, and immediately after boarding a bus No. 41, from the near the port of the air bridge of Dong-dong, Incheon, Dong-gu, Incheon, the above Belgium was overtaking the above bus, and the bus stopped, and the Defendant caused an accident to cross the bus.

(hereinafter “instant secondary accident”). D.

The Defendant did not receive hospitalized treatment due to the instant first accident, and immediately after the instant second accident, 2 weeks’ diagnosis was conducted under the name of crypium, tension, and the name of the sick and wounded on the crypium, tension, and the crypium. Around that time, the Defendant was hospitalized for 41 days from that time.

[Reasons for Recognition] Unsatisfy, Gap evidence 8-1, 2, Eul evidence 1, Eul evidence 12-1, the purport of the whole pleadings

2. Determination on the principal lawsuit and counterclaim

A. A. A summary of the Plaintiff’s assertion 1) The Plaintiff’s obligation to compensate for damages due to the instant first accident is limited to KRW 150,000, and the Plaintiff’s obligation to compensate for damages due to the instant second accident is limited to KRW 909,810 [Article 150,00 won for consolation money = KRW 1,628,176 x 14 days for hospitalization period (based on 2 weeks for first diagnosis) x 14 days for hospitalization period (based on 150,628,176). The Defendant’s assertion 2) is to confirm that there is no obligation exceeding the above amount due to the instant first and second accident while the Defendant continues to receive medical treatment.

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