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(영문) 서울남부지방법원 2019.02.13 2017가단243895
채무부존재확인
Text

1. At around 08:00 on June 19, 2006, the defendant was injured by D vehicles near Seongdong-gu Seoul Metropolitan City internal circulation.

Reasons

1. Basic facts

A. The Plaintiff is an insurer of the D vehicle (hereinafter “Plaintiff”).

Plaintiff

At around 08:00 on June 19, 2006, the driver of the vehicle, using the Plaintiff’s vehicle in order to see the front part of the Defendant’s vehicle, which is the front vehicle, due to the stroke drive while driving along the inside cycle in the vicinity of the E unit in Seongdong-gu Seoul Metropolitan Government.

(hereinafter referred to as “instant accident”). (b)

In the instant accident, the Defendant: (a) discharged from the instant hospital after hospitalized treatment for three days after suffering from injuries, such as fluoral salt pans; (b) however, the Defendant appeared to have a physical disability, such as fluoral coheat, after having been on credit in fluoral, 6, and 7, and continued to receive medical treatment at least once and twice a month from around that time to March 2017.

C. From March 29, 2017, the Plaintiff paid KRW 8,105,640 in total to the F University Hospital affiliated with the Defendant’s medical expenses. Of the above medical expenses, the sum of the amount paid from the medical expenses up to June 2011 is the sum of KRW 6,366,580, and the sum of KRW 1 to 57 out of the details of the payment of insurance proceeds from the evidence A No. 4 (the amount paid up to KRW 1 to 57 out of the evidence No. 4).

[Ground of recognition] Facts without dispute, Gap evidence 1 to 5, Eul evidence 1 and 2, the purport of the whole pleadings

2. In light of the fact that the accident in this case was insignificant, the first defendant was diagnosed as 2 years prior to the accident, and that at least 12 years have already passed since the accident occurred, the plaintiff asserts that even if considering the defendant's loss, consolation money, etc., the damage liability that the plaintiff shall pay to the defendant does not exceed 6,225,000 won.

In regard to this, the defendant suffered from the aftermath of the physical injury after trauma due to the accident in this case and sustained symptoms due to the aftermath of the aftermath of the injury. Thus, the plaintiff shall compensate the defendant for 88,166,639 won, such as daily profit-making 76,46,639 won, consolation money 11,50,000 won, and expenses for the issuance of a written disability diagnosis.

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