logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울북부지방법원 2019.11.22 2018가단138825
손해배상(자)
Text

1. The Plaintiff’s damage liability against the Defendant regarding a traffic accident listed in the separate sheet is KRW 4,59,600.

Reasons

1. The following facts are acknowledged as either of the parties to a dispute or as a whole together with the purport of the entire pleadings in each entry in Gap evidence 1 to 4:

A. D around November 14:10 on November 8, 201, 201, in order to park a G vehicle in an outdoor parking lot in Gangnam-gu Seoul Metropolitan Government E (hereinafter “Plaintiff vehicle”) in the parking zone, and received the Defendant who was walking on the rear side of the said vehicle.

(hereinafter “instant accident”). B.

The Defendant suffered injuries due to the instant accident, such as sacrife and sacratum base, brain-dead sacratum, sacratum base, safaf, etc.

C. The Plaintiff paid KRW 9,543,390 to a mutual aid operator who entered into a comprehensive motor vehicle mutual aid agreement with respect to the Plaintiff’s motor vehicle, and the Defendant paid KRW 9,543,390, in total, dental and emotional surgery received from November 8, 2011 to February 4, 2015 due to the instant accident.

2. Occurrence of liability for damages;

A. According to the above facts, the Plaintiff is liable to compensate the Defendant for the damages caused by the instant accident as a mutual aid business entity for the Plaintiff’s vehicle.

B. However, comprehensively taking account of the above evidence, the defendant is negligent in not examining the movement of the plaintiff's vehicle to park in the outdoor parking lot where the passage of the vehicle is frequent, and such negligence is deemed to have caused the instant accident. Thus, the plaintiff's responsibility is limited to 75%.

3. Scope of the remaining liability for damages

A. In a lawsuit seeking confirmation of non-existence of a monetary obligation, if the plaintiff, who is the debtor, asserts that the facts causing the occurrence of the obligation are denied by specifying the first claim in advance, the defendant, the creditor, bears the responsibility to assert and prove the facts constituting the requisite of legal relationship. This legal doctrine is equally applied to a lawsuit seeking confirmation of non-existence of the damage liability due to traffic accidents. Therefore, the defendant, the victim, should claim specific damages and prove them.

arrow