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(영문) 서울중앙지방법원 2019.02.21 2018나59603
채무부존재확인
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. The defendant's grounds for appeal citing the judgment of the court of first instance are not significantly different from the argument in the court of first instance, and the fact-finding and judgment of the court of first instance are justified even if each evidence submitted to the court of first instance was presented to this court.

Therefore, the reasoning of the judgment of this court is as follows, since the reasoning of the judgment of the court of first instance is the same as that of the judgment of the court of first instance, except for dismissal or addition and deletion as follows.

Part 3 of the judgment of the first instance court, the first part " " " "" was finished.

The following shall be added between the third and second of the judgment of the first instance:

On December 20, 2013, the Plaintiff concluded a general liability insurance contract (hereinafter “instant insurance contract”) between L Co., Ltd. (hereinafter “L”) and the insurance period from December 21, 2013 to December 20, 2014, including the maximum amount of KRW 100 million, and the compensation for negligence of the parking lot manager.

2) On March 27, 2015, the Defendant’s spouse F claimed on the following grounds: “The Defendant’s spouse incurred losses incurred in replacing the whole wheelchairs of the instant vehicle due to the destruction of the rear wheels of the driver’s seat of the instant vehicle due to the instant accident, and causing losses to the Defendant’s replacement of the instant vehicle for repair,” and filed an application for payment order with L who is the insurer of the instant insurance contract for payment of KRW 52,120,000 for damages (i.e., expenses for replacement KRW 45,120,000 for rental expenses of KRW 45,120,000 for replacement and rental expenses of KRW 45,120,700 for KRW 2,700 for damages (Seoul Central District Court Decision 2015Hu7576). The said court on June 17, 2015, applied for payment order with respect to the Plaintiff at the rate of KRW 52,120,000 and the damages for delay.

The above order of payment was issued, and L. 3) L.

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