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(영문) 서울중앙지방법원 2017.06.30 2017나6299
채무부존재확인
Text

1. All appeals filed by the Plaintiff (Counterclaim Defendant) and the Defendant (Counterclaim Plaintiff) are dismissed.

2. The costs of appeal shall be borne respectively by each party.

Reasons

1. On July 30, 2015, at around 15:38, 2015, C driven a B vehicle (hereinafter referred to as “Plaintiff vehicle”) and driven a nearby the rest area of the Gyeong-dong Office of the G (hereinafter referred to as “D vehicle”) that had been preceding D vehicle while driving the vehicle near the G-dong Office of the G-dong of the G-dong of the G-dong of the G-dong of the G-dong of the G-si. The latter part of D vehicle conflict with the front part of the E vehicle on which the Defendant was aboard (hereinafter referred to as “Defendant vehicle”).

(hereinafter “instant accident”). The Plaintiff, an insurer who entered into an automobile comprehensive insurance contract as stated in attached Form 2 with respect to the Plaintiff’s vehicle, paid the insurance proceeds of KRW 6,841,110 as the Defendant’s medical expenses from September 16, 2015 to November 29, 2016.

[Ground of recognition] Facts without dispute, entries in Gap evidence 1, 2, and 4 and the purport of the whole pleadings

2. Summary of both parties' arguments;

A. The shock of the Defendant’s vehicle caused by the instant accident is extremely minor and thus it is difficult to inflict an injury on the Defendant. The treatment details of the Defendant’s assertion are not the injury caused by the instant accident, but the Defendant’s king evidence.

Therefore, the Plaintiff does not bear the obligation to pay damages to the Defendant due to the instant accident.

Accordingly, the principal lawsuit seeks confirmation of the existence of the obligation.

B. The defendant suffered injury due to the accident of this case.

The damages suffered by the Defendant due to the instant accident amounting to KRW 22,305,076 (i.e., KRW 16,355,076,00 for lost income of KRW 950,000 for medical expenses).

As a counterclaim, 11,00,000 won, which is a part of the counterclaim, is claimed.

3. We examine the principal lawsuit and the counterclaim together.

A. According to the fact of recognition of the occurrence of damages liability, the Plaintiff is liable for damages sustained by the Defendant due to the instant accident.

B. In full view of the evidence Nos. 2 through 18 of the Defendant’s injury 1) Nos. 2 through 18 of the instant accident (the number of the Defendant’s injury) and the purport of the entire pleadings, the Defendant is immediately after the instant accident.

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