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(영문) 서울중앙지방법원 2020.03.06 2019가단5036489
손해배상(자)
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Occurrence of liability for damages;

A. The facts of recognition 1) C are D buses around April 1, 2014 (hereinafter “Defendant Vehicles”) around 17:06.

) A F. F. F. F. F. Drier bus stops in E in light of light (hereinafter referred to as “instant accident site”).

In order to get passengers to get off the vehicle, the vehicle stops. The bus strings are located in a large size from the floor compared to low-floor buses, and the vehicle was installed in a large location from the roadway, and C stopped the Defendant vehicle at a certain place away from the sidewalk. 2) Among the passengers of the Defendant vehicle, the passengers of the Defendant vehicle who first step out from the instant accident site were cut off from the stairs of the Defendant vehicle to a small running sidewalk.

Then, the plaintiff was lowered by the plaintiff, and the plaintiff was also lowered by the sidewalk as many runnings from the launch board of the defendant's vehicle, and it was transferred to the left side without the center.

3) The Defendant’s vehicle, which started immediately after the Plaintiff left the vehicle, was placed on the right side of the Plaintiff’s right side with the rear wheels, and thereby, the Plaintiff suffered bodily injury, such as pressure damage, etc. (hereinafter “instant accident”).

(4) The Defendant, a mutual aid program that entered into a mutual aid agreement with the Defendant vehicle, paid KRW 77,695,430 as medical expenses to the hospital treated by the Plaintiff from August 7, 2014 to June 26, 2015, and KRW 13,600,010 in total until February 4, 2016.

5) As to the instant accident, the Defendant filed a lawsuit claiming return of unjust enrichment of KRW 91,295,440 (Seoul Central District Court Decision 2015Da520255) with the Plaintiff as the other party, claiming that the Defendant had not been negligent by the driver of the Defendant’s vehicle, and the said lawsuit (hereinafter “related lawsuit”) is called “related lawsuit.”

In the case of this case, "the plaintiff is recognized as 30% of the defendant's liability for the accident of this case" and "the plaintiff is unjust enrichment on 63.

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