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(영문) 서울고등법원 2018.10.25 2018나2033969
채무부존재확인
Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. As to this part of the basic facts, this court's reasoning is the same as the corresponding part of the judgment of the court of first instance, Chapters 6 through 18, and 1. Basic facts. Thus, this court's reasoning is accepted in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Determination as to the claim

A. The summary of the parties' assertion 1) The plaintiff's accident of this case was a minor contact accident and did not have any direct shock to the extent that the defendants who were on the defendant's vehicle would suffer injury. The defendants were diagnosed in the hospital after the lapse of 10 days from the date of the accident of this case, and received treatment by being diagnosed, such as cryp and salk salkite, etc. Therefore, the symptoms alleged by the defendants cannot be deemed to have occurred due to the accident of this case. Thus, the defendants sought confirmation that the plaintiff, who is the insurer of the plaintiff's vehicle, did not have the plaintiff's liability to pay insurance money to the defendants in relation to the accident of this case. (2) The defendants suffered injury, such as cryp and salkinal salum, etc., due to the accident of this case, but at first, the plaintiff did not expect the plaintiff to deal with the accident and did not report the accident.

Therefore, the Plaintiff is obligated to pay medical expenses incurred in relation to the background and the salt of the Yaek-in as a result of the instant accident.

B. 1) In light of the following facts and circumstances, it is difficult to view that the Defendants suffered loss due to the instant accident, i.e., base facts, Gap evidence Nos. 5-1 through 9, Eul evidence Nos. 1 and 6, and the purport of the entire pleadings, in light of the following facts and circumstances.

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