logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 성남지원 2018.11.27 2017가단18315
채무부존재확인
Text

1. The Plaintiff (Counterclaim Defendant) paid KRW 9,218,135 to the Defendant (Counterclaim Plaintiff) and its related amount from September 24, 2017 to November 27, 2018.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. The Plaintiff is the owner of B bus (hereinafter “instant bus”).

B. On September 24, 2017, the Plaintiff’s driver C driven the instant bus at around 23:20, and stopped at the bus stops in front of the ridged elementary school located in the front of the ridged in the direction of the city of Suwon-si while driving in the direction of the city of Suwon-si in the direction of Suwon-si.

C. At the time, the Defendant fell under the back door of the bus at the time and tried to take passengers back again with the rear door, and was injured by both sides of the bus at the right side of the bus departing from the point, with both sides over, and causing injury, such as a dratulation, pressure damage, and a 5 double spatulation of the right side.

(hereinafter referred to as the “instant accident”). [Grounds for recognition] The fact that there is no dispute, the entry and video of the evidence Nos. 1, 2, and 3, and the result of the instant court’s request for physical examination of the head of the Seoul Hospital Hospital at the Macheon-do Seoul University, the purport

2. Occurrence of liability for damages;

A. According to the above facts, the accident of this case occurred due to the operation of the bus of this case, barring special circumstances, the plaintiff who is the owner of the bus of this case is liable to compensate for the damage suffered by the defendant.

B. However, considering the following circumstances revealed through the facts acknowledged as above and the evidence mentioned above, i.e., ① the rear door of a bus is the door for getting off the bus, ② the front door is designated as the door for getting on the bus, ② the Defendant attempted to get on the bus back again after the completion of getting off the bus in the rear door at the time of the accident, ③ the Defendant did not seem to have been unable to get on the bus in the front door in light of the bus situation at the time, ④ the operator of the bus at the time, ④ it is not easy for the Defendant to expect that the bus will take back the bus back after the completion of getting off the bus, and ④ the Defendant’s mistake also seems to have been the main cause of the instant accident.

Therefore, the amount of damages that the plaintiff should compensate is calculated.

arrow