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(영문) 서울중앙지방법원 2016.12.22 2016나5176
채무부존재확인
Text

1. Of the judgment of the court of first instance, the part against the defendant in excess of the amount ordered to be paid below shall be cancelled.

Reasons

1. Facts of recognition;

A. Around 14:00 on January 27, 2006, C operated D vehicles, and moved into a parking lot in the Dangamam-gu Seoul Metropolitan City, Gwangju-si, and caused an injury to A to brain-dead, fluoral base, fluoral base, fluoral base, and confluoral signboard escape, due to the collision of B vehicles with the wind that misleads the operation of equipment.

(2) On September 16, 2006, E driving a G vehicle in front of the Seoul Gangnam-gu Seoul Metropolitan Government on the one hand, driving the G vehicle in front of the G vehicle on the one hand, driving on the other four-lanes from the e-mail distance off the e-mail distance from the e-mail boundary, and shocked the H driver's I taxi running on the opposite opposite lane due to negligence beyond the central line, and thereby, he was inflicted on A who was on the said taxi (hereinafter referred to as "the second accident").

After having suffered the first and second accidents, A filed a claim for damages with the Seoul Central District Court 2007da17192 against the Plaintiff, the insurer of the vehicle that caused the second accident. On January 12, 2012, the Seoul Central District Court 201Na7849 (principal suit), and the Seoul Central District Court 201Na7856 (Counterclaim), which is the appellate court, sentenced the said court to pay A KRW 23,957,111 and delay damages. While A filed a final appeal on May 9, 2012, the said appellate court judgment (hereinafter referred to as “prior judgment”) became final and conclusive as is.

The preceding judgment recognized the contribution of A to the first and second accidents as 50%, respectively, and held that there was no stress disorder even around June 10, 2010, which is the date of appraisal, since there was a show of contribution from the first accident to A with respect to the part outside the prison, it was calculated as 50%, since there was a show of contribution from the first accident to A, and that there was no symptoms of stress disorder even around June 10, 2010.

On the other hand, A is a vehicle of the first accident with respect to the damage of the first accident.

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