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(영문) 창원지방법원 2018.05.03 2017나56169
채무부존재확인
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Basic facts

A. The Plaintiff is an insurer who entered into a comprehensive motor vehicle insurance contract with respect to the motor vehicle B and C owned by it (hereinafter “Korean motor vehicle”) with respect to the insurance period from August 10, 2013 to August 10, 2014, and the Defendant is the victim of an accident described in the attached Form.

B. At around 12:50 on August 6, 2014, B: (a) while driving a sea vehicle at the parking lot of the third deputy head in the Haak-dong, Jin-si, Jin-si, the driver was shocked by the Defendant’s DNA (hereinafter “Defendant’s vehicle”) who was stopped after the spread.

(hereinafter “instant accident”). C.

At the time of the instant accident, the Defendant was on board the Defendant’s vehicle. However, on August 14, 2014, the Defendant was diagnosed as having been “the brain dynasium, satum dynasium, satum salt, and tension,” etc. due to the accident.

[Reasons for Recognition] Unsatisfy, Gap evidence 1 through 7 (including the number of branch); the purport of the whole pleadings

2. Summary of the parties' arguments;

A. It is difficult to deem that the instant accident caused shocks to inflict serious bodily injury due to a minor accident.

The Plaintiff’s liability for damages against the Defendant may not exceed KRW 631,625, including KRW 98,325, KRW 96,00, KRW 237,30, KRW 200, KRW 200, and KRW 200,00.

However, the Defendant asserts that considerable damage was caused by the instant accident, and accordingly, demanded compensation for damages of KRW 50 million to KRW 6 million, and thus, sought confirmation of the existence of the obligation against the Defendant.

B. There are few shocks suffered by the Defendant due to the instant accident.

After the accident of this case, the Defendant was diagnosed with the symptoms of lowering recognition function and memory reduction continued, and the occurrence of stress disorder ( particularly nautical miles disorder) was confirmed.

Even if the defendant's existing symptoms can be considered as some kings, the liability for damages cannot be denied since the nautical miles disorder occurred due to the accident of this case.

Therefore, the Plaintiff.

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