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(영문) 서울중앙지방법원 2021.01.22 2020가단5121826
한정채무부존재확인(자) 조정신청
Text

1. On May 2, 2018, at around 16:30 on the back-road of Gangnam-gu Seoul Special Metropolitan City, C si-si was caused by shocking the defendant.

Reasons

1. Occurrence of liability for damages;

A. The facts of recognition 1) D, around 16:30 on May 2, 2018, driving CK5 taxi and driving on the back-road in Gangnam-gu Seoul Special Metropolitan City, a pedestrian who passed along the right side of the direction while driving on the back-road (hereinafter “instant accident”). The Plaintiff is a mutual aid business entity that entered into a mutual aid agreement with the said taxi (hereinafter “Plaintiff”).

3) The Defendant appealed to the left elbow and back elbow, shoulder, shoulder, lusium, and hand in the instant accident.

From May 14, 2018 to June 8, 2020, the Defendant received from E Council members two days, from F Council members, from F Council members, from G Council members, from G Council members, from 15 days, from H Council members, from 97 days, and the Plaintiff paid medical expenses.

[Grounds for Recognition] Unsatisfy, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 through 3, the purport of the whole pleadings

B. The Plaintiff is liable for compensating the Defendant for the damages caused by the instant accident, as the Plaintiff sustained an injury from the Defendant due to the operation of the Plaintiff’s vehicle.

2. Scope of liability for damages

(a) Personal information: The first day of the 33-year old and the first day of the 33-year old and the 4-year old as at the time of the accident (written evidence No. 1 of the B);

B. The defendant asserts that the lost income of the day is KRW 8,177,680 according to the minimum wage for 119 days for pain treatment.

However, only the evidence submitted by the defendant and the circumstances alleged by the defendant is insufficient to recognize the loss of labor ability during the common period, and there is no other evidence to acknowledge it.

The claim of lost income damages is not accepted, and it is considered in consolation money.

(c)

In the future, the defendant asserts the operating expenses and the inspection expenses of 300,000 won for the future medical treatment expenses, but it is difficult to recognize them only by the evidence submitted by the defendant.

There is no reason to claim medical expenses in the future.

(d)

With respect to the 119-time traffic cost treatment, the defendant asserts that the total of 20,000 won per time shall be 20,380,000 won.

The part and degree of the injury, and the domicile of the defendant.

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