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(영문) 대구지방법원 2019.01.11 2016가단104422
채무부존재확인
Text

1. The counterclaim Defendant: (a) 22,602,562 won to the counterclaim B; (b) C, Lessee C, Lessee D, and E, respectively, 11,735.

Reasons

1. Basic facts

A. On October 28, 2014, the counterclaim Defendant entered into an automobile insurance contract with Nonparty G Co., Ltd. and H cargo vehicle (hereinafter “H cargo vehicle”). The insured is the person who entered into an automobile insurance contract with the content of Non-Party I and the insurance period from October 28, 2014 to October 28, 2015, the network A (hereinafter “the Deceased”) is the victim of the following traffic accident, and the counter-party is the deceased’s heir.

B. Around 14:50 on August 1, 2015, Nonparty J: (a) driven a sea-going vehicle and proceeded on a road near the border human body located in Gyeyang-gu in Busan Metropolitan City; and (b) caused an accident in which the part of the back-of-life vehicle stopped at the front direction of the course (hereinafter referred to as “victim”) was concealed into the part of the front direction of the sea-going vehicle (the instant traffic accident).

After the instant accident, Plaintiff B, the driver of the victimized vehicle, and the Deceased, the first passenger, who was the driver of the victimized vehicle B and the deceased, was diagnosed by L Hospital, such as “Grain and chinal salt , brain-dead, and dysium,” and was hospitalized for five days, and discharged on August 5, 2015.

C. On August 4, 2015, the counterclaim Defendant, the Deceased, and the Counterclaim Plaintiff B entered into an associate suit with the effect that “In respect of all the damages incurred by the Deceased and the Counterclaim B due to the instant accident, the Defendant paid KRW 3,600,000,000, in total, to the Deceased and the Counterclaim Plaintiff as damages for each of the KRW 1,80,000,000, in total, to the Deceased and the Counterclaim Plaintiff, and the Deceased and the Lessee B would not raise any civil or criminal objection against the Counterclaim Defendant and the Plaintiff driver’sJ, etc. in the future, and paid KRW 3,60,000,00.”

In addition, on October 20, 2015, the counterclaim Defendant paid KRW 654,160 for the medical expenses of the deceased and the Counterclaim Plaintiff B at the above L Hospital.

The deceased who suffered from cerebral cerebriform damage is MM University on December 2, 2015.

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