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(영문) 대구지방법원김천지원 2017.09.13 2016가단33277
채무부존재확인
Text

1. Insurance money for the Defendant (Counterclaim Defendant) in relation to the traffic accident described in the attached list.

Reasons

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

1. Basic facts

A. The Plaintiff is an insurer that entered into an automobile insurance contract (from October 17, 2014 to October 17, 2015; hereinafter “instant insurance contract”) with respect to the network F (hereinafter “the network”) and G New EM5 vehicles (hereinafter “instant vehicle”).

B. On December 8, 2014, around 14:50 on December 8, 2014, the Deceased, while driving the instant vehicle in front of H Apartment 205, the Deceased conflicted with the retaining wall of the chemical unit at the driver’s negligence.

(hereinafter referred to as “instant accident”). C.

On December 8, 2014, the deceased returned home after having received emergency treatment at the I Hospital. On December 20, 2014, the deceased was hospitalized in the Blcheon-do University Hospital on December 28, 2014 and died on December 28, 2014.

As the inheritor of the deceased, there are Defendants B, C, D, and E, the spouse of the deceased, and their children.

[Reasons for Recognition] Each entry in Gap evidence Nos. 1, 3, 4, 6, and 14, Gap evidence Nos. 11 and 12, and the purport of the whole pleadings

2. The parties' assertion

A. The plaintiff's assertion that there is no proximate causal relation between the accident of this case and the death of the deceased. Thus, the plaintiff asserts that there is no obligation to pay insurance money exceeding 308,000 won in total, including damages of 8,000 won per day, consolation money of 300,000 won, etc. due to the accident of this case.

B. The defendant's assertion that there is a proximate causal relation between the accident of this case and the death of the deceased. Thus, the plaintiff asserts that the defendant is obligated to pay the defendant the consolation money of KRW 100 million, funeral expenses of KRW 5 million, and funeral expenses of KRW 16,122,19, and consolation money of bereaved family members for one year after the accident of this case, and KRW 10,000,000 to the defendant A, and KRW 5,000,000,000 to the rest of the defendants as stated in the claim against the plaintiff.

3. As to whether there is a proximate causal relationship between the instant accident and the deceased’s death.

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