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(영문) 서울중앙지방법원 2018.06.01 2015가합572637
채무부존재확인
Text

1. The Plaintiff’s liability for damages against the Defendant regarding the accident indicated in the attached list does not exist.

Reasons

1. Facts of recognition;

A. At around 15:00 on November 13, 2014, the Plaintiff: (a) driven the C Ortoba, and reported the stop signal around the crosswalk to the Jongno-gu Seoul Metropolitan Jongno-gu Square University; (b) while the stone sprinks go beyond the left side of the running direction; and (c) the Defendant has shocked the part of the right side of the D Ortoba driven by the Defendant.

As a result, there was an accident that goes beyond the left side of the defendant's right side of the running direction (hereinafter "the accident of this case").

B. From November 13, 2014 to December 23, 2014, the Defendant was hospitalized in the Non-Party E Hospital, and was diagnosed as “the first half of the half of the lusium in the lusium, the right snife base, the right snife base, and the snife base and tension” and was treated as physical therapy.

The non-party Samsung Fire and Marine Insurance Co., Ltd. (hereinafter "non-party company"), which is the insurance company of the plaintiff, paid insurance proceeds of KRW 651,720 to the defendant in relation to the above hospitalized treatment.

C. The Defendant asserted that he was injured by the instant accident on March 24, 2015, and was diagnosed by Nonparty F Hospital as “the first half of the instant accident in the lusular fluor, the first half of the lusular flusium, the second right slot, and the second right slotitis,” and received a diagnosis of “the second half of the lusical lusium in the lusular lusular lusular lusular lusular, the first half of the lusular lusular lusular, the first half of the lusular lus

According to Gap evidence No. 2, although the defendant was diagnosed and performed in relation to the secte of "the left side", in light of the records of Eul evidence No. 5 and the fact that the defendant recognized that the above evidence No. 2 was by the computer error of the F Hospital, the above evidence No. 2 appears to be erroneous. D.

On the other hand, the defendant lost 7% labor ability due to the injury such as Mabromosis, etc. on the right side of the accident of this case, which caused damage to the plaintiff, 56,44,510 won in lost earnings, 521,796 won in lost earnings, 5,60,000 won in total, 826,370 won in hospital expenses, and 63,392,676 won in total.

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