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(영문) 서울동부지방법원 2015.03.10 2013가단102634
채무부존재확인
Text

1. On January 5, 2013, around 17:45, using B X-sports vehicles in the vicinity of thecheon-dong, Gangdong-gu, Seoul.

Reasons

A principal lawsuit and a counterclaim shall be deemed to be combined.

1. The parties' assertion

A. In relation to the traffic accident described in Paragraph (1) of the Plaintiff’s assertion, the above accident is a minor accident; the Defendant was injured to the right ski in the Yongsan-do Pyeongtaek Ski ground prior to the occurrence of the accident; the Defendant was at the time of the occurrence of the accident; the Defendant was at the time of the occurrence of the accident; and the damaged condition of the accident’s vehicle was extremely minor. In light of the fact that there is no proximate causal relation between the above accident and the Defendant’s damage to the right snife at the right snife of the Defendant’s right snife, and there is no liability to compensate the Plaintiff for the injury to the Defendant’s right knife

B. The plaintiff alleged by the defendant is the insurer of a vehicle sufficient for the defendant, and is obligated to compensate the defendant for the damages incurred in relation to the above accident. Thus, the defendant is obligated to pay the defendant the lost income of KRW 16,504,69, 847,810, and the treatment expenses of KRW 290,705, 100,000,000,000 won for future treatment expenses, and damages for delay.

2. Basic facts (based on recognition: Facts without dispute, Gap's evidence 1 through 5, Gap's evidence 7, 8, Eul's evidence 3 through 5, results of physical examination conducted by this court on the Mayor of the Seoul Scar Hospital, the purport of the whole pleadings);

A. The Plaintiff is an insurer who entered into a comprehensive automobile insurance contract with the insured as C with respect to B X-sports vehicles (hereinafter “the instant Plaintiff”). The insurance period from April 1, 2012 to April 1, 2013.

B. On January 5, 2013, at around 17:45, C driving the Plaintiff’s vehicle of this case, was emitted from the brack, which was going in the signal atmosphere near the Incheoncheon-dong, Gangdong-gu, Seoul, and the Plaintiff’s vehicle was pushed down in the future and stopped immediately before the vehicle (hereinafter “Defendant’s vehicle”).

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