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(영문) 인천지방법원부천지원 2015.06.26 2014가단49939
채무부존재확인
Text

1. There is no obligation of the Plaintiff to pay damages to the Defendant due to an accident stated in the attached list.

Reasons

1. Basic facts

A. The Plaintiff is an insurer who has concluded a comprehensive automobile insurance contract with respect to B vehicles (hereinafter “Plaintiff”) between Korea Aviation Corporation and Korea.

B. At around 11:15 on September 8, 2008, C, while driving a vehicle on the Plaintiff’s side, was proceeding in the vicinity of Gangseo-gu Seoul Airport, Dong-dong, Kimpo Airport, and the Defendant was involved in an accident leading to the back part of the taxi on which he was aboard (hereinafter “instant accident”).

C. After the accident of this case, the Defendant received from the hospital in Korea for three days during the period from September 8, 2008 to November 12, 2008 the treatment of outpatients and pains in the name of sick person, such as dratum, tension, etc., under the name of sick person in detail, such as clatum and catum, catum and catum, ratum, tension, and dratum catum, etc., with the name of the disease in detail without any two heat ratines.

On December 23, 2008, the Plaintiff agreed to compensate for damages arising from the instant accident as KRW 1,950,000, on condition that additional compensation should be made when the occurrence of a disability within three years occurs between the Defendant and the Defendant. At that time, the Plaintiff paid the damages to the Defendant.

[Reasons for Recognition] Facts without dispute, Gap evidence 1, 4-2, Eul evidence 2, 3-2, 3-3, Eul evidence 4, Eul evidence 5-2, and the purport of the whole pleadings

2. Determination as to the existence of liability to pay damages caused by the instant accident

A. 1) The parties’ assertion 1) There is no causation between the Plaintiff’s instant accident and Teinson’s disease that the Defendant was diagnosed on or around 2011. As such, the Plaintiff is not obligated to pay damages due to the instant accident in addition to KRW 1,950,000 already paid under an agreement with the Defendant. 2) The subsequent disability due to the instant accident is attributable to the Defendant.

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