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(영문) 서울중앙지방법원 2017.07.05 2012가단5055719
채무부존재확인
Text

1. In relation to the traffic accident stated in the attached list, damages against the Defendant (Counterclaim Defendant) of the Plaintiff (Counterclaim Defendant) are assessed.

Reasons

We examine both the principal lawsuit and the counterclaim.

1. Occurrence of liability for damages;

A. A. B while driving a vehicle with a CSM range around 08:00 on July 18, 2009 (hereinafter “Plaintiff vehicle”), the part of the back part of the Defendant’s DV car driven (hereinafter “Defendant’s vehicle”) which stopped in the signal atmosphere near the Seocho-gu Seoul subway Station and stopped in the signal air (hereinafter “Defendant’s vehicle”) with the front part of the Plaintiff’s vehicle (hereinafter “instant accident”).

B. Due to the instant accident, there were physical damage caused by the coloring part of the back part of the Defendant’s vehicle, and the Plaintiff and the Defendant agreed to pay KRW 380,000 to the Defendant for the material damage. The Plaintiff paid the unpaid repair cost to the Defendant.

C. The Plaintiff is an insurer who entered into a comprehensive automobile insurance contract with the Plaintiff.

[Reasons for Recognition] Uncontentious Facts, Gap evidence 2, Eul evidence 2, the purport of the whole pleadings

2. According to the above recognition of the scope of liability for damages, the Plaintiff is liable for damages sustained by the Defendant due to the instant accident.

However, since the parties are dissatisfied with the occurrence and scope of damages, it is to judge the scope of liability after examining the parties' claims.

1) In light of the following points, there is no causal relationship between the Defendant’s residual disability (mainly mental disorder and the accident in this case).

Therefore, the Plaintiff is only liable for damages equivalent to KRW 1,00,000 due to the instant accident.

The instant accident is a very minor accident that causes physical damage to the Plaintiff’s vehicle at a speed not exceeding 10 kilometers per hour due to shocking the Defendant’s vehicle at a speed not exceeding 380,000 won.

Due to these accidents, there is no need for long-term medical treatment from the date of the accident in this case to the date of the accident.

The defendant of this case.

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