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1.The judgment of the first instance shall be modified as follows:
Of the counterclaim of this case, 1,305,404 won is claimed.
Reasons
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Of the counterclaim of this case, the part concerning the claim for physical examination expenses is lawful ex officio, and the amount that the victim received physical examination according to the court’s order for appraisal and paid as all inspection expenses for the said appraisal, without going through the prepayment procedure.
Even if it is included in the appraisal cost, the amount of the lawsuit cost is included in the appraisal cost, and the amount of the lawsuit cost can be repaid through the procedure for determining the amount of the lawsuit cost, so there is no benefit
In this regard, the first instance court entrusted the head of the Central University Hospital with the physical appraisal of KRW 1,305,040 (Evidence 4-58) from among the king treatment expenses that the Defendant claimed as one of the active damages incurred due to the instant accident constitutes the costs of lawsuit, and thus, the part that the Defendant claimed the payment of KRW 1,305,040 among the instant counterclaim, which constitutes the part that the first instance court entrusted the head of the Central University Hospital with the physical appraisal of the Defendant.
2. Occurrence of liability for damages;
A. (1) The instant accident (A) occurred on June 3, 201, at around 09:30, the Defendant was killed in a floating apartment at the front bus stops in the front bus stops located in the Dong-dong-dong-dong-dong-dong-dong-si, and the route inside the said bus, starting from the right-hand side of the bus to the left-hand side, thereby getting off balance, and getting off the floor above the floor, while the seat knife in the part where the seat knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife kn
(B) The Plaintiff is a mutual aid business entity that entered into a motor vehicle mutual aid agreement with respect to the bus.
(2) On the other hand, the Defendant entered into the Plaintiff’s automobile mutual aid contract on March 3, 2010, prior to the instant accident.