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(영문) 서울남부지방법원 2015.10.27 2013가단222326
채무부존재확인
Text

1. Regarding the accident that the Defendant-Counterclaim Plaintiff sustained due to a traffic accident that occurred in Gangnam-si B on November 7, 2008.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. On August 3, 2007, the Plaintiff entered into an insurance contract with the Defendant from August 4, 2007 to August 4, 2010, with the insurance period from August 4, 2010; the insured, the Defendant, the insurer, the Plaintiff, and the content of the security, KRW 50,000,000, medical expenses for transport injury, KRW 3,000,000, per day of transport injury hospitalization, KRW 20,000, total insurance premium, KRW 398,160,00.

(Attachment 2) The insurance contract shall be included in the contents of the insurance contract; hereinafter referred to as the “instant insurance contract”).

(1) On November 7, 2008, the Defendant suffered bodily injury, such as a lux and luxal base (Evidence No. 3), both sides of the luxal base (Evidence No. 3, Evidence No. 4-1, 2), luxal base (Evidence No. 3, Evidence No. 4-1, 11 of the Act), prone anti-months (Evidence No. 5, 7, and 11 of the Act), knethal skne on both sides of the luxal base (Evidence No. 5, 7, and 11 of the Act), and stress disorder (see, e.g., Evidence No. 11) on the back of the luxal base of the C Child Care Center located in Gangseo-si B, Gangnam-si, 2008.

(2) Under the insurance contract of this case, the Plaintiff paid the Defendant KRW 1,758,442 of the transport injury medical expenses, KRW 3,420,00 of the daily admission day of the transport injury, KRW 90,190 of the transport injury medical expenses on January 13, 2010, and KRW 154,279 of the transport injury medical expenses on March 12, 2012.

C. On July 3, 2013, the Defendant claimed for the insurance proceeds of the remaining disability, which caused the instant accident to the Plaintiff, and claimed for the insurance proceeds of the remaining disability.

【Ground of recognition】 The fact that there is no dispute, Gap’s 1 through 8, Gap’s 11, and 12 (including branch numbers), the purport of the whole pleadings

2. The assertion and judgment

A. (1) The Plaintiff’s assertion (1) The Defendant asserted that the instant accident occurred at the Gangnam-gu Hospital, the left-hand side of which was diagnosed on June 11, 2013, and at the Seoul Sungsung Hospital around July 29, 2013.

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