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(영문) 춘천지방법원원주지원 2020.03.25 2019가단56410
채무부존재확인
Text

1. The Plaintiff’s damage liability against the Defendant for an accident listed in attached Table No. 1 does not exist.

Reasons

1. Basic facts

A. On March 2019, the Defendant purchased the E-Onboard Driboards (hereinafter “instant kickboard”) produced by the Plaintiff at D stores located in the Won-si, Seoul around March 2019, as shown in the attached list No. 2.

나. 피고는 별지 목록 제1항 기재와 같이 2019. 6. 4. 17:00경 원주시 F에 있는 G병원 정문 위 언덕에서 이 사건 킥보드를 운행하던 중 넘어지면서 위 킥보드가 파손되고 피고는 우측 수근골(手根骨)의 폐쇄성 골절, 양측 무릎의 열린 상처 및 타박상 등의 상해를 입은 사고(이하 ‘이 사건 사고’라 한다)를 당하였다.

C. On June 4, 2019, the Defendant was receiving medical treatment for fingers and elbows, kneeings, etc. from the I Hospital located in He, and was recommended to conduct a close inspection on the framework of the bones of fingers and kneeas, and was inspected on June 5, 2019, back to the I Hospital, which was then inspected on June 5, 2019.

Meanwhile, around May 21, 2019, the Defendant received the diagnosis of “the escape certificate of the 4-5 side signboard” from the above I Hospital and received the surgery of the climatic surgery from the same hospital around June 7, 2019, and received the surgery of the climatic surgery at the same hospital, and the same month from the date of surgery.

6. From June 12, 2019 to June 27, 2019, he/she received hospitalized treatment at the pertinent hospital, and was hospitalized at the K-type project guard on the third floor of the J building in the original city from around June 12, 2019 to around February 27, 2019.

[Ground of recognition] Facts without dispute, entry of evidence Nos. 2, 3, 6, 7, 19, and the purport of the whole pleadings

2. The assertion and judgment

A. After the Plaintiff’s assertion 1’s assertion, the Defendant: (a) left the Plaintiff’s agent to repair the instant accident; and (b) returned it to the Defendant after receiving from the said agent the damaged part of the instant kickboard, which was handed over; (c) thereafter, the Defendant asserted that the instant accident was an accident caused by the manufacturing defect of the kickboard, and requested the Plaintiff to pay KRW 100 million as compensation for damages.

When the defendant left repair after the accident of this case.

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