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(영문) 부산지방법원동부지원 2019.06.13 2018가합102477
채무부존재확인
Text

1. With respect to a traffic accident listed in the attached Form 1, the plaintiff (Counterclaim defendant) based on the insurance contract listed in the attached Form 2.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The Plaintiff, a company running automobile insurance business, etc., concluded a comprehensive automobile insurance contract (hereinafter “instant insurance contract”) with C as shown in the attached Table 2 with respect to D Launa car owned by C (hereinafter “instant car”).

B. At around 13:02 on January 27, 2018, E, the spouse of C, left the instant car at the G K station located in Busan, Busan, the Busan, and immediately after entering the instant car at the five-lane road, the Defendant, who driven the instant car at the five-lane road, was trying to avoid the instant car, thereby shocking the right ahead of the instant car’s right side (hereinafter “instant accident”).

C. On January 27, 2018, the Defendant, due to the instant accident, was hospitalized in H Hospital located in the Busan Sinsi-gu, Busan, and was treated with internal and sexual surgery on the part of the Defendant on January 27, 2018, and the Plaintiff paid KRW 2,344,810 in total to the Defendant’s medical expenses.

【Ground of recognition】 The fact that there has been no dispute, Gap Nos. 1 and 2, Eul No. 1-1 and 2-2, the purport of the whole pleadings

2. Summary of the parties' arguments

A. The Plaintiff’s assertion that the accident of this case occurred solely by the Defendant’s negligence that infringed on the central line, and thus, the Plaintiff has no obligation to pay insurance money related to the accident of this case to the Defendant. Since the Defendant sought payment of insurance money in the course of disputing this, it is sought to confirm that there is no obligation of the Plaintiff to pay insurance money to the Defendant based on the insurance contract of this case.

B. Although there is negligence on the defendant's argument regarding the accident of this case, E is also at fault without turning the direction direction, etc., and E is more at fault.

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