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(영문) 대전고등법원 2016.01.29 2013나12721
채무부존재확인
Text

1. The judgment of the court of first instance, including the Defendant-Counterclaim Claim filed in the trial, is as follows.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. The reasoning for this court’s explanation is that each insurance contract listed in the 2nd 8th 8th 8 of the judgment of the court of first instance is used as “each insurance contract listed in the 2nd 8th th 8th th of the judgment”, and the corresponding part of the judgment of the court of first instance is identical to the corresponding part of the judgment of the court of first instance, and thus, the above part is cited in accordance with the main sentence of Article

2. The assertion and judgment

A. Upon the process of litigation, the Defendant claimed insurance proceeds for the instant disability, the Plaintiff filed a lawsuit seeking confirmation of the absence of an obligation to pay insurance proceeds under each insurance contract with the Defendant having no proximate causal relation between the instant accident and the instant disability, and the Defendant’s insurance claim expired by prescription.

On the other hand, the defendant asserted that the defendant's right to claim for insurance has not expired by prescription while responding to the claim, and the defendant claimed insurance money according to each insurance contract mentioned in the first to 4 and 6 of this case as a counterclaim.

B. As to the proximate causal relation between the instant accident and the instant disability, the Plaintiff’s assertion was made due to the Defendant’s surgery on November 27, 2009, and the surgery was carried out according to the sediment path rather than the instant accident, so there is no proximate causal relation between the instant accident and the instant disability. 2) In full view of the following: (a) the instant accident and the results of the appraiser Q’s physical appraisal commission; and (b) the results of the fact-finding on the head of the party, the Defendant suffered three years from one market year (from August 7, 2009 to August 6, 2012) by the instant accident (from August 7, 2009 to the date of August 25, 2013), and the Defendant was diagnosed with the instant disability, which was a permanent disability on April 25, 2013; (c) the content of the instant accident and the instant disability was limited to the right side passage and the right side of the Defendant, and (d) degree 100Do308008, Do8080.

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