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(영문) 부산지방법원 2015.12.01 2015가단19212
채무부존재확인
Text

1. On February 24, 2015, an automobile accident occurred at a parking lot in the Gangseo-gu, Busan Metropolitan Government Mastersabag apartment around February 17, 2015.

Reasons

1. Facts of recognition;

A. The Plaintiff is an insurer who has concluded a comprehensive motor vehicle insurance contract with respect to a motor vehicle B franchise (hereinafter “Plaintiff-motor vehicle”).

B. On February 24, 2015, around 17:30, the Defendant asserted that he was faced with the Plaintiff’s vehicle due to the accident that she was faced with the Plaintiff’s vehicle (hereinafter “instant accident”), and filed a claim for the payment of insurance proceeds with the Plaintiff, and the Plaintiff paid the insurance proceeds of KRW 1,391,090 with the medical expenses.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. The parties' assertion and judgment

A. The plaintiff asserts that the accident of this case was very minor and did not cause injury to the defendant, so there is no obligation to pay the plaintiff's personal accident insurance money to the defendant in relation to the accident of this case.

As to this, the defendant asserts that the above injury was caused by the accident of this case, and the plaintiff is liable to pay insurance money equivalent to the amount of damages suffered by the accident of this case to the defendant, since there was no medical treatment in the past as to the crynasium and the chest scarke, etc. in the past.

B. According to the statements in Eul evidence Nos. 2, 3, and 4 (including the number of pages) of the judgment, no health insurance benefits were provided to the defendant with respect to the treatment of the defendant's climatic or scarcity before the accident in this case, the defendant was diagnosed of acute climatic salt, the right scarke, and the treatment was provided by the Dong Hospital on the date of the accident in this case. On March 6, 2015 and March 9, 2015, the defendant was diagnosed of other apparent and detailed cromatics, and the cromatics and tensions of the alley part, the cromatics and tensions of the croke, and the treatment was provided.

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