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(영문) 서울동부지방법원 2014.12.16 2012가합103521
채무부존재확인
Text

1. As to the accidents listed in the separate sheet, the damages liability of the Plaintiff (Consolidated Defendant) against the Defendant (Consolidated Plaintiff) is assessed against him.

Reasons

1. Basic facts

A. At around 20:30 on January 28, 2012, Defendant A, a shopping mall operated by the Plaintiff, was completely parked in Zone 122 B, one of which he/she owns, B, U.S. (hereinafter “instant parking lot”).

B. Defendant A parked the instant vehicle with a private line without parking in the parking zone line, and the left side of the instant vehicle turned the front side into the left parking zone beyond the relevant parking zone line, and Defendant A was fixed with the front side of the instant vehicle among two vehicles, which were installed in the left parking zone.

C. At the same time, other vehicles were parked in a private line in the above left parking zone. However, while Defendant A parked the instant vehicle after parking it, Defendant A was faced with an injury, such as a collisioning the left side of the instant vehicle beyond the front wheels of the instant vehicle and the instant vehicle parked on the left side of the vehicle, it was caused by the instant accident (hereinafter “instant accident”).

On the other hand, on September 5, 2012, Defendant National Health Insurance Corporation imposed insurance benefits for Defendant A’s medical treatment on the Plaintiff. Accordingly, Defendant National Health Insurance Corporation paid the amount of indemnity of KRW 4,063,160 in accordance with the provisions of Article 58(1) of the National Health Insurance Act and Article 750 of the Civil Act. In response, the Plaintiff may file a civil suit, and if the Plaintiff did not pay the amount notified, Defendant National Health Insurance Corporation shall file a claim for reimbursement, and in this case, the Plaintiff may additionally bear the costs of lawsuit and interest for delay.

[Reasons for Recognition] A’s 1-1, 2, 3, 4, 5, 5, 8, 9, 1-1, 2, 1-2, 1-2, 1-2, 1-3, 1-2, 1-2, 1-3, 1-2, 1-3, 2-2, and 1.

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