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(영문) 의정부지방법원 2017.07.13 2016나52907
손해배상(자)
Text

1. The defendant (Counterclaim plaintiff)'s appeal is dismissed.

2. The costs of appeal are assessed against the Defendant-Counterclaim Plaintiff.

purport, purport, and.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. The court's explanation on this part of the facts of recognition is the same as the corresponding part of the reasoning of the judgment of the court of first instance, and thus, citing it as it is by the main text of Article 420 of the Civil Procedure

2. Determination on the main claim

A. In addition to the following circumstances, it is reasonable to view that there exists no causal link between the injury alleged by the Defendant and the accident of this case, each of the evidence mentioned above, Gap's evidence, Gap's evidence 6, 7, 8, 12, Eul's evidence Nos. 3 through 11 (including each number), the results of the commission of appraisal and the commission of appraisal and supplementation to the chief executive officer of the Road Traffic Authority of the court of first instance, the results of the commission of physical appraisal of the court of first instance to the chief of the Seoul Hospital of the court of first instance, and the results of the fact inquiry to the chief of the Seoul Hospital of the court of first instance, it is reasonable to view that there is no causal link between the accident of this case and the accident of this case. The fact inquiry results with respect to the chief of the Seoul Hospital of the court of first instance are insufficient to reverse this, and there is no counter-proof evidence.

① The Defendant had received the diagnosis of vertebrate ebrate ebrate ebrate in around 1990, the transfer of the instant accident, and had received treatment, such as post-deflag ebrate, etc., by the Seoul National University Hospital around February 2013.

② On October 24, 2013, the day following the instant accident, the Defendant did not appear to have shown symptoms when she was admitted to Seoul National University Hospital and caused a traffic accident.

In addition, prior to the above accident, the question of the doctor's degree of pain was asked about 7 to 9 points out of 10 points. On October 24, 2013, the following day of the accident asked about 5 points out of 10 points.

③ The Defendant shall start on November 4, 2013, after 12 days from the date of the instant accident.

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