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(영문) 수원고등법원 2020.12.03 2020나15726
채무부존재확인
Text

1. The defendant (Counterclaim plaintiff)'s appeal is dismissed.

2. The costs of appeal are assessed against the Defendant-Counterclaim Plaintiff.

purport, purport, and.

Reasons

1. The reasoning of the court of first instance’s explanation concerning this case is as stated in the reasoning of the judgment of the first instance, except for the case where the defendant’s assertion that the court emphasized or raised additionally is determined as stated in the following paragraph (2). Thus, this is cited as it is in accordance with the main sentence of Article 420

2. Additional determination

A. In light of the circumstances that the Defendant agreed to receive the full payment of the Plaintiff’s employees and medical expenses after the accident, it is unreasonable to offset the Defendant’s negligence by taking the Defendant’s negligence into account 50%, and the Defendant’s negligence should be considered only to 30% even if the Defendant’s negligence is recognized

However, it is not sufficient to recognize that the plaintiff's employee representing the plaintiff and the defendant who agreed to pay the full amount of medical expenses without considering the defendant's negligence. There is no evidence to acknowledge otherwise, and considering the circumstances cited by the judgment of the court of first instance, it is appropriate to restrict the plaintiff's liability by considering the defendant's negligence at 50%. Thus, the defendant's above assertion is without merit.

B. The defendant asserts that it is improper to deduct the medical expenses and insurance expenses from the damages compensation amount of KRW 1,098,166 and the insurance money of KRW 1,500,000 paid by the I stock company.

However, the defendant claims after deducting 1,500,000 won of insurance money received from I Co., Ltd., and as the court of first instance properly states, when the victim who received insurance benefits under the National Health Insurance Act claims damages against a third party, if the victim's negligence competes with that of the victim, the victim's negligence should be deducted from the amount of damages calculated first, and the defendant's assertion also cannot be accepted.

C. The defendant's judgment of the court of first instance is proper.

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