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(영문) 부산지방법원 2014.09.23 2013가단14893
채무부존재확인
Text

1. On December 8, 2010, around 05:00, in relation to traffic accidents that occurred on the crosswalk C in the Geum-gu, Busan.

Reasons

1. Facts of recognition;

A. On December 8, 2010, at around 05:00 on December 8, 2010, the Plaintiff was driving a Busan D D D D D D D, and was driving four lanes at a speed of about 50 km in the speed of 50 km from the old, Seo-dong, the Plaintiff caused an accident (hereinafter “instant accident”) on the right side of E’s right side of the D D D D D D D D D D D D D D D D, where he was driving at a speed of about 50 km in the speed of Si/Gun/Gu, from the air room of the Gu.

B. E goes through the central line when a pedestrian signal enters the crosswalk and walk as soon as possible after being changed to red, and was administered on the right-side flaculing ground, which requires approximately 16 weeks’ treatment due to the instant accident at the crosswalk on the fourth-lane road in front C, on February 8, 2011, both large-scale flaculing and flaculing on the metal pipe; and was administered on March 28, 201, respectively.

C. Defendant Samsung Fire and Marine Insurance Co., Ltd (hereinafter “Defendant Samsung Fire”) paid KRW 37,267,030 to E for medical expenses (including expenses incurred, expenses incurred in treatment, direct payments, and expenses for appraisal of disability) from February 24, 2011 to July 5, 2012 in accordance with the Non-Insurance Injury Agreement, and paid KRW 17,00,000 for the agreed amount, including all of the legal damages, such as consolation money and other future medical expenses, on May 30, 2012, including 17,00,000 for the agreed amount, and KRW 3,795,550 for the same purpose on January 18, 2013, KRW 58,062,580 for the aggregate of KRW 58,00 for the agreed amount.

After that, Defendant Samsung Fire was paid KRW 30,960,340 as liability insurance amount from the Mtsts Fire and Marine Insurance Co., Ltd. which concluded a liability insurance contract with the Plaintiff, and the remaining amount of KRW 27,102,240 ( KRW 58,062,580 - KRW 30,960,340) with respect to the remaining amount of KRW 27,102,240 ( KRW 58,062,580 - KRW 30,960), which was one insurance company from among three vehicles covered by the non-life insurance policy in accordance with the non-life insurance agreement to which the Defendants were subscribed, the Defendant Samsung Fire was the insurance company for the non-life insurance (hereinafter “Defendant El branch”).

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