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(영문) 대구지방법원 2015.02.24 2014가단39555
채무부존재확인
Text

1. The counterclaim Defendant: 2,309,189 won to the counterclaim and 5% per annum from April 21, 2010 to February 24, 2015.

Reasons

1. Basic facts

A. The counterclaim Defendant is an insurer that entered into a comprehensive motor vehicle insurance contract with Nonparty B with respect to the vehicle C.

B. B, around 17:00 on April 21, 2010, by negligence, while driving C vehicle in the vicinity of the Gwanak-gu, Seoul Metropolitan City Center, was driven by a vehicle in front of the vehicle, and was driven by the vehicle in front of the vehicle in front of the vehicle.

(hereinafter “instant accident”). C.

The Plaintiff, due to the instant accident, suffered from the injury, such as the “Infection Zone, Hyperal Zone, and both sides of the lush Zone.”

According to the Plaintiff’s statement No. 4 for 16 days from April 28, 2010 to May 14, 2010, according to the Plaintiff’s statement of No. 4, the period of hospitalized treatment appears to be 17 days in aquatic waters. However, there is no dispute between the Plaintiff and the counterclaim Defendant that the period of hospitalized treatment was 16 days, and the Plaintiff claimed for lost income accordingly, it is deemed 16 days.

was hospitalized. D.

The counterclaim Defendant paid 6,895,880 won to the Counterclaim Plaintiff only for medical expenses from the accident of this case to the recent years.

[Ground of recognition] Facts without dispute, entry of Eul's evidence Nos. 1 to 4, purport of the whole pleadings

2. The parties' assertion

A. Due to the instant accident, the Lessee suffered injuries, such as light spawnosis, etc., and after the accident, it is necessary to continuously undergo medical treatment due to the pains, etc. on the part of the Lessee up to now.

The accident of this case seeks payment of KRW 1,103,440 and KRW 5 million of consolation money and KRW 1,103,440.

B. The instant accident by the counterclaim Defendant was relatively minor.

No causal link exists with the instant accident that the Plaintiff complained against.

3. Determination

A. According to the facts of recognition prior to the occurrence of the liability for damages, the Plaintiff suffered bodily injury, such as catitis, etc., due to the instant accident.

Therefore, the counterclaim defendant is an insurer who has concluded a motor vehicle insurance contract with respect to C, and the counterclaim is above.

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