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(영문) 울산지방법원 2015.12.15 2015가단54751
채무부존재확인
Text

1. The Plaintiff (Counterclaim Defendant) paid KRW 1,700,000 to the Defendant (Counterclaim Plaintiff) and against this, from January 12, 2015 to December 15, 2015.

Reasons

The principal lawsuit and counterclaim shall be judged together.

1. Occurrence and scope of liability for damages;

A. (i) In fact, the Plaintiff is an insurer who entered into a comprehensive automobile insurance contract with B as to C Passenger Vehicles.

② Around 06:30 on December 23, 2014, D driven a C car and driven the road near the entrance of the F company located in Ulsan-gun E in Ulsan-gun, Ulsan-gun, the Defendant’s vehicle stopped in front of the said car was discovered and operated, but the said vehicle conflicts with C car behind the said part.

(3) The Defendant suffered injuries, such as light fluoral and fluoral salt, tension, cerebral fluor, etc., which require treatment for three weeks due to the instant accident.

[Reasons for Recognition] According to the facts without dispute, Gap evidence Nos. 1, 2, Eul evidence Nos. 1, 5, and 6, the purport of the whole pleadings, and the purport of the judgment of the court below, the plaintiff who entered into an insurance contract with the owner of CA car shall be liable for damages suffered by the defendant due to the instant accident.

B. The scope of liability for damages: (i) Daily profit (i.e., hospitalization: From December 23, 2014 to December 25, 2014; (2) income: 15 million won per month: calculated: 15 million won x 3/30-15 million won per month; and (iii) the defendant shall claim for the daily profit during the period of outpatient treatment (from January 9, 2015 to January 11, 2015) or the period of annual use (from December 24, 2014 to January 25, 2015), but it is not recognized other than the period of hospitalization.

[Grounds for recognition] Facts without dispute, Eul evidence Nos. 1, 3, 4, the purport of the entire pleadings, 200,000 won (which is the ground for recognition) and circumstances shown in the pleadings, such as the circumstances of the instant accident and the degree of injury

C. (1) On January 12, 2015, which is the date of the instant accident, the Plaintiff shall pay to the Defendant 1,700,000 won as damages, and 5% per annum as stipulated by the Civil Act from January 12, 2015 to December 15, 2015, which is the date of the instant judgment, and 15% per annum as stipulated by the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the date of full payment.

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