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(영문) 수원지방법원 2015.08.28 2014가단12979

채무부존재확인

Text

1. On May 11, 2013, the Plaintiff (Counterclaim Defendant) is at the crosswalk in front of the Gyeonggi Cultural Foundation located in Suwon-si, Suwon-si, Suwon-si.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Occurrence of liability for damages;

A. (i) On May 11, 2013, the Plaintiff driven a bicycle around 11:00 (hereinafter referred to as “around May 11, 201”), thereby getting the Defendant, who was standing the crosswalk around the sports cultural properties group in Suwon-si, lost its center while cutting the crosswalk, and received the Defendant who was standing the crosswalk around the bicycle.

(hereinafter referred to as “the instant accident”). The instant accident suffered from the injury caused by the left-hand elbow and the pelke, and thereby suffered the permanent disability of the classical profession in the fingers except for the joints and joints and joints and joints and joints of the left-hand elbows and hands.

[Grounds for Recognition: Facts without dispute, entry of Eul Nos. 1, 5, and 6; Results of the commission of physical examination to the director of the Ansan Hospital at Korea University at Korea University at this Court; the purport of the whole pleadings

B. According to the above facts of recognition, the Plaintiff is liable to compensate the Defendant for the damages caused by the instant accident as a bicycle rider.

2. Scope of damages.

A. The defendant asserts to the effect that, (i) the defendant, as his full-time owner, was able to obtain the income of urban daily wage at least until the age of 71.

B. The defendant's 69 years old at the time of the accident in this case, and there is no evidence to deem that the defendant had an ability to work to the extent that the defendant actually engaged in the same level of work as urban ordinary workers and to obtain monthly income. In light of the fact that there is no evidence to deem that the defendant had an ability to work to the extent that the defendant could actually obtain monthly income by engaging in the same level of work as urban ordinary workers, the defendant's claim for this part of this case is without merit.

B. Since the Defendant appears to have spent a considerable amount of transportation cost for 215 days in total, the Defendant recognized the transportation cost of KRW 1,200,000 as claimed by the Plaintiff.

Grounds for recognition: Facts without dispute, experience, and rule of experience.