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(영문) 제주지방법원 2017.04.14 2015가단12771
채무부존재확인 등
Text

1. On October 11, 2014, 13:40 Jeju-si, Han-si, Korea-si, Seoul-si, with respect to drilling accidents that occur in the upper world.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

Basic Facts

A. At around 13:40 on October 11, 2014, B driven a C-Motor vehicle (hereinafter “Plaintiff-motor vehicle”) and operated a day-to-day road in the Han River-Eup located in Jeju-si, which was the Defendant’s D-motor vehicle stopping on the side (hereinafter “Defendant-motor vehicle”) and caused a shock on the left-hand part of the Defendant’s D-motor vehicle (hereinafter “Defendant-motor vehicle”).

(hereinafter “instant accident”). (b)

The Plaintiff paid KRW 16,351,390,00 in total, from December 23, 2014 to May 26, 2015, to the insurer who entered into an automobile insurance contract with E, the owner of the Plaintiff’s vehicle, as the insurer who entered into the Plaintiff’s automobile insurance contract with respect to the Plaintiff’s vehicle, and from December 23, 2014 to the Plaintiff’s left-hand part of the revolving revolving and re-frequencys (hereinafter “instant injury”).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 4, Eul evidence Nos. 1 and 2 (including provisional number, hereinafter the same), and the plaintiff's assertion of the purport of the whole pleadings was insignificant. The defendant's injury of this case is not caused by the accident of this case, and it is not caused by the accident of this case. The plaintiff's damage liability against the defendant in relation to the accident of this case does not exist, and 16,351,390 won which the plaintiff paid to the defendant was unfairly advantageous without any legal cause, and the defendant shall return it to the plaintiff.

The defendant alleged that the injury of this case occurred due to the accident of this case, and due to the above injury, the defendant suffered damages of 53,131,936 won in total, including the daily income of this case, KRW 40,534,902, and KRW 2,597,034 in future treatment expenses, KRW 10,000,00, and thus, the plaintiff is liable for compensation for the above damages to the defendant.

Judgment

According to the above fact of recognition, the plaintiff is liable for the damage suffered by the defendant due to the accident of this case as the insurer of the plaintiff vehicle.

Whether there exists a causal relationship between property damage (actual income, future medical expenses) and the accident of this case, first of all, the injury of this case was caused by the accident of this case.

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