logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 전주지방법원 2017.02.08 2016나5361
채무부존재확인
Text

1.The judgment of the first instance shall be modified as follows:

The defendant Lessee (Counterclaim) is a traffic accident listed in the attached list.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The Plaintiff is an insurer who has entered into a mutual aid agreement with respect to B cargo vehicles (hereinafter “instant cargo vehicles”).

B. On October 25, 2012, the driver of the instant vehicle caused an accident where the Defendant, who was repairing a bicycle at the edge of the instant vehicle due to a strokeing operation on the national highway No. 30 in the documents attached to the former Northwest-gun, North Korea (hereinafter “instant accident”).

C. In the instant accident, the Defendant suffered from injury, such as divesing the alley of the trophal typhrosis, etc. due to the instant accident, and was hospitalized in C Hospital and Jeonbuk University Hospital from October 25, 2012 to December 13, 2012, and received hospital treatment and outpatient treatment at Jeonbuk University Hospital.

The Jeonbuk University Hospital claimed KRW 21,266,655 in total for treatment costs to the Defendant, and the Defendant directly paid KRW 3,021,060 out of the estimated treatment costs.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 5, Eul evidence Nos. 1 to 5, the purport of the whole pleadings

2. The assertion and judgment

A. (1) According to the terms and conditions of the instant vehicle insurance contract, the Plaintiff, the insurer, is not obliged to pay KRW 3,021,060 to the Defendant for the expenses incurred in drilling caused by king.

(2) Even in the case of a counterclaim, if the symptoms worsen due to the instant accident, the insurer shall bear the medical expenses incurred therefrom. Since the Defendant’s critical disease has deteriorated due to the instant accident, the Plaintiff is liable to pay the medical expenses incurred therein.

B. (1) In the event that the king symptoms of the traffic accident victim have aggravated in competition with the accident, thereby contributing to the occurrence of a result of the prolongedization of the specific injury or the treatment period, and the expansion of the degree of subsequent disability after the completion of treatment, the injury, including the specific injury.

arrow