채무부존재확인
1. The obligation to pay mutual aid money between the Plaintiff (Counterclaim Defendant) and the Defendant (Counterclaim Plaintiff) on June 7, 2012.
This paper also examines the counterclaims.
1. Occurrence of liability for damages;
A. The facts of recognition 1) Nonparty B driven a bus at around 17:20 on June 7, 2012, and landed the Defendant, a passenger, at a bus stop at the entrance of Ulsan-gu D, Ulsan-gu. As such, Nonparty B completely stopped the bus and opened the rear door, although the bus was not completely stopped, Nonparty B suffered an injury to the Defendant’s right hand hand of the right-hand hand of the bus, which was set up on the bus, and suffered an injury to the right-hand shoulder by plucking and digging up the Defendant’s right-hand hand (hereinafter “instant accident”).
(2) After the accident of this case, the Defendant was diagnosed to have additional damage to the upper right field at the time when three months elapsed from the accident of this case, and five months elapsed from the date of the accident of this case. On June 10, 2014, the Defendant was diagnosed to have been diagnosed to have the right-hand multiple multiple pains, and is currently under medical treatment due to post trauma stress disorder, adaptation disorder, the right side multiple pains, etc.
3) Meanwhile, the Plaintiff is a mutual aid business entity that has agreed to compensate for damages caused by an accident that occurred in the course of the operation of the bus. [In the absence of any dispute over the grounds for recognition, entry of Gap evidence 1-1, 2, 3, 4-1, 2, 8-4, 8-2, and 2-2, and the purport of the entire pleadings.
B. According to the above facts, the Plaintiff is liable for damages suffered by the Defendant due to the instant accident.
However, even though the defendant did not stop the bus completely and it was difficult to maintain the balance of the body, the error of neglecting the support stand and leaving it out through open doors, even though he should have been able to ensure the safety of the bus by getting the support stand up until the bus stops completely.
Therefore, in consideration of these defendant's negligence, the responsibility of the plaintiff is limited to 90%.
2. In principle, a period of time for calculating the scope of liability for damages shall be calculated on a monthly basis, but less than the last month and less than KRW 10 shall be discarded;
The amount of damages is the accident.