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(영문) 청주지방법원 2017.04.27 2016나11692
채무부존재확인
Text

1. The judgment of the court of first instance is modified as follows.

On November 5, 2013, 17:38, at the D gas stations located in Dacheon-si C.

Reasons

1. The court's explanation of this case is consistent with the reasoning of the judgment of the court of first instance other than the plaintiff's additional assertion at the court of first instance, which is 60 won or less ("4) from the bottom of 12th judgment of the court of first instance. Thus, the court's explanation of this case is consistent with the reasoning of the judgment of the court of first instance. [4] Deductions evidence No. 6, and Eul evidence No. 9 are stated, it can be acknowledged that the National Trucking Association, which is the mutual aid business entity of the plaintiff vehicle, paid 11,080,420 won to the hospital treated by the defendant. Thus, it is reasonable to deduct the amount equivalent to 8,864,336 won (=1,080,420 won) from the defendant's damages amount of 60% from the defendant's damages amount of 80% from the defendant's damages amount of 60% from the accident occurred (see, e.g., Supreme Court Decision 2000Da363197, etc.).

E. Accordingly, the Plaintiff’s lawsuit is promoted from November 5, 2013, the date of the instant accident, to November 27, 2017, which is the date of the instant judgment, to dispute on the existence and scope of the Plaintiff’s obligation to perform as to the Defendant’s compensation for damages arising from the instant accident, 5% per annum as stipulated in the Civil Act, and from the following day to the date of full payment.

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