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(영문) 대전지방법원 2016.09.29 2015가합100703
채무부존재확인
Text

1. With respect to the accident described in attached Form 2, it is listed in attached Form 1 against the Defendant (Counterclaim Defendant) of the Plaintiff (Counterclaim Defendant).

Reasons

1. On the premise, the principal lawsuit and counterclaim shall also be deemed to exist.

A. On November 12, 2012, the Plaintiff concluded an insurance contract with the Defendant listed in attached Form 1 (hereinafter “instant insurance contract”).

B. On September 5, 2013, the Defendant: (a) caused an accident while getting a bicycle in the vicinity 7 complexes of the Daejeon Pungdong-dong Seodong-dong-dong-gu (hereinafter “accident in this case”); (b) on October 29, 2013, at the New University Hospital, was diagnosed with light climatic drums and tensions; (c) he was diagnosed with symptoms of damage to the Johnan-gu-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-si; and (d) on December 5, 2014, the Defendant claimed insurance money based on the diagnosis certificate issued to the Plaintiff. The Defendant’s remaining disability was 0% of the total amount calculated by multiplying the insurance contract by 000,000 won of the injury caused by the traffic accident; and (d) the amount of the injury was 100,000,000 after the insurance contract.

2. Summary of the parties' arguments

A. The key point of the Plaintiff’s assertion is that the Defendant received treatment due to the climatic dynasty’s salt, tension, gymal ppuri disease, and other conical signboards disability before the instant accident occurred.

The supplementary disability claimed by the defendant is caused by the defendant's king, and is not caused by the accident of this case.

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