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(영문) 수원지방법원 2020.01.09 2019가단516957
손해배상(기)
Text

1. On April 2, 2017, the Plaintiff (Counterclaim Defendant) suffered an injury on the front of the road in the U.S. P. C., and then the Defendant (Counterclaim Plaintiff) suffered an injury.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The Plaintiff resided in Ssung City C and raises one Mari (hereinafter “instant opening”) with a return dog, and the Defendant resides in Ssung City D.

B. On April 2, 2017, around 08:00, the Defendant was faced with an accident where the Plaintiff, who was able to walked the Plaintiff’s house near the Plaintiff’s house and was able to walk up about 2 meters of the instant dog and talked about about 10 meters of the Plaintiff’s book, was involved in the instant opening of the instant case, where the Plaintiff, who was able to walk up about 2 meters of the Plaintiff’s house and was able to talk about the instant buckbuck. (hereinafter “instant accident”).

C. The Defendant suffered from injury to the left-hand side of the instant accident, such as Danal dives, etc., and was hospitalized in the E Hospital from April 2, 2017 to April 29, 2017.

[Ground of recognition] Facts without dispute, entry of evidence Nos. 1 through 11, 26, 27 and the purport of the whole pleadings

2. Occurrence of liability for damages;

A. According to the above facts of recognition, the Plaintiff is liable to compensate the Defendant for the damages caused by the instant accident pursuant to Article 759 of the Civil Act as the occupant of the instant case.

B. However, even if the opening of the defendant was in the usual order, the defendant was negligent in neglecting his duty of care to promote his own safety, and thus, the defendant's negligence is recognized as being caused by the accident, regardless of the fact that the plaintiff neglected his duty of care to take the opening of the opening of the case at the time of the opening of the opening of the case at the time of the opening of the opening of the opening of the opening of the case at the time of the opening of the opening of the opening of the opening of the opening of the case at the time of being residing in the vicinity of the plaintiff, and thus, the plaintiff's negligence should be considered as damages to be compensated for by the plaintiff, and the plaintiff's responsibility is 90% by taking into account all the circumstances indicated in the record.

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