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(영문) 인천지방법원 2016.09.27 2014가단235195
손해배상(자)
Text

1. With respect to an accident described in attached Form 1, the Plaintiff (Counterclaim Defendant) based on the insurance contract listed in attached Form 2.

Reasons

1. Basic facts

A. Hyundai C&C Co., Ltd. is a company that entered into an automobile comprehensive insurance contract with respect to automobile C owned by B (hereinafter “A&C”), and the Plaintiff is a transferee of the business from the said company.

B. D, around 16:59 on February 1, 2014, driving a sea-melting vehicle, and driving the outer cycle Highway in the direction of a mountain direction, D concealed the back part of the vehicle driven by the Defendant while driving the outer cycle Highway in the direction of a mountain direction.

(hereinafter “instant accident”).

C. From February 1, 2014 to February 4, 2014, the date of the accident, the Defendant received hospitalized treatment at a hospital at a reduced university for four days.

【Ground for Recognition: Unsatisfy, Entry of Evidence A Nos. 1 and 2, and the purport of the whole pleadings】

2. Summary of the parties’ assertion

A. On the ground that the Plaintiff’s assertion occurred due to the instant accident, the Defendant filed a claim against the Plaintiff for reimbursement of bathing treatment costs and nursing expenses.

However, the Defendant’s desire that occurred to the Defendant is not caused by the instant accident, but due to the failure of the Defendant that had existed before 20 years ago.

Therefore, the Plaintiff’s obligation to the Defendant based on the instant accident is merely KRW 1,00,000,000,000,000 for consolation money and future medical treatment expenses. Since the Defendant sought excessive payment of medical expenses to the Plaintiff, the Plaintiff is seeking confirmation of the absence of the obligation exceeding the above amount of compensation.

B. The defendant suffered a serious desire due to the accident in this case, and the defendant received several surgery, and disbursed a large amount of expenses for treatment and care, and it is expected that a large amount of expenses will be incurred in the future.

Therefore, the defendant is obligated to pay to the plaintiff the amount stated in the counterclaim claim, which is the sum of the treatment expenses, future treatment expenses, nursing expenses, consolation money, and damages for delay.

3. Determination

(a) The main lawsuit and counterclaim are all deemed to have been filed at a time;

In this case.

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