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(영문) 부산지방법원동부지원 2013.06.19 2013가단203330
채무부존재확인
Text

1. The plaintiff with respect to the accident that occurred around February 5, 200 on D vehicles and the accident that occurred on November 8, 2009.

Reasons

1. Basic facts

A. At around 22:00 on February 5, 200, the Defendant driven a D passenger car owned by the Defendant (hereinafter “instant passenger car”) and contacted the Fridge in front of the Busan Southern-gu E, thereby resulting in the Defendant’s KRW 1,00 salt.

(hereinafter referred to as “the primary traffic accident of this case”). B.

On November 8, 2009, while driving the instant car, there was a traffic accident in which the right side of the instant vehicle is fulgized.

(hereinafter “the second traffic accident of this case”) C.

The Plaintiff is an insurer who entered into a comprehensive automobile insurance contract with the Defendant at the time of each of the instant traffic accidents with respect to the instant automobiles (hereinafter “instant insurance contract”).

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 through 4 (including branch numbers, if any) and the purport of the whole pleadings

2. The parties' assertion

A. With respect to the first traffic accident of the Plaintiff, the Defendant received 7.9 million won from the Plaintiff as damages from the Plaintiff on May 8, 2000 and renounced all rights, and agreed not to file a civil lawsuit or objection (hereinafter “the first agreement”), and thereafter, the Plaintiff paid the additional amount of KRW 95,990 and the provisional payment amount of KRW 60,000 according to the Defendant’s continuous demand for additional agreement. In relation to the second traffic accident of this case, the Defendant received 550,000 won from the Plaintiff as damages from the Plaintiff on October 30, 2009, and renounced all rights, and did not raise any civil lawsuit or objection (hereinafter “the second agreement”). The Plaintiff related to each traffic accident of this case does not have any obligation to pay insurance proceeds from the insurance contract of this case against the Defendant.

B. At the time of the first agreement of the Defendant, the Defendant received medical treatment for the YOTN caused by the first traffic accident in the instant case, and then caused the 'aftermath disability'.

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