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(영문) 수원지방법원 2017.08.24 2016가단28435
채무부존재확인
Text

1. The main claim against Defendant B among the main claim of this case is dismissed.

2. The plaintiff (Counterclaim defendant) shall be the opposing defendant.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. On September 23, 2015, when the Plaintiff was driving a Trackter in Hari-ri 42-ro 8 Earri-ri-ri-ri-ri, Hosung-si on September 23, 2015, the Plaintiff: (a) left the Track and let the Track drive the Track in the Trackck; (b) caused the Defendant B to suffer injuries, such as the Hack and the lacing of the right leg in need of treatment for about 14 weeks from the ground to the front part of the village lacing work; and (c) thereby, the Plaintiff suffered injuries, such as the Track and the pelcking of the upper part of the Defendant B, where the lack was under the village lacing work; and (d) caused the Defendant B to undergo approximately 14 weeks treatment.

(hereinafter “instant accident”). B.

On November 18, 2015, the Plaintiff entered into an agreement with Defendant B and the “Defendant B shall not raise a civil or criminal objection to the instant agreement” (hereinafter referred to as “instant agreement”) on September 23, 2015, and on the same day, Defendant B paid KRW 33,00,000,000 to the police station for an accident that caused an accident that caused an accident to the right frame of 14 weeks, which requires the Plaintiff’s 14 weeks of treatment, in front of the Mari-si Community Center, in the front of the Mari-si Community Center.

Defendant B submitted to an investigative agency a written application that the above agreement and the Plaintiff did not want to be punished, and accordingly, the Plaintiff was subject to a disposition that was not entitled to prosecution on November 25, 2015 on the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning the instant accident.

C. Defendant B received medical expenses of KRW 8,207,220 from September 23, 2015 to November 16, 2015, for the medical care institutions designated by the Defendant National Health Insurance Corporation (hereinafter “Defendant Corporation”) (hereinafter “Defendant Corporation”), Hansung University, Eastsung Hospital, etc., due to the instant accident.

Defendant Corporation shall bear the burden of Defendant B, excluding KRW 1,876,350, out of the above medical expenses.

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