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(영문) 서울남부지방법원 2014.02.14 2012가단23959
채무부존재확인
Text

1. The Plaintiff (Counterclaim Defendant) paid KRW 29,791,110 to the Defendant (Counterclaim Plaintiff) and against this, from September 18, 2010 to February 14, 2014.

Reasons

The main office and counterclaim shall be judged together.

The Minister of Land, Infrastructure and Transport

1. The following facts are not disputed between the parties, or can be acknowledged by comprehensively taking account of the overall purport of arguments as to Gap evidence Nos. 1 through 5, 8, and Eul evidence No. 3. According to this, the following accidents are deemed to have been issued by the F due to negligence that the F neglected its duty of care. Thus, the plaintiff, the mutual aid business operator of the vehicle driven by F, is liable to compensate for the damages suffered by the defendant due to the following accidents.

F around 07:08 on September 18, 2010, while driving a D freight vehicle in front of the CB located in Yangcheon-gu Seoul Metropolitan Government, F caused a traffic accident (the accident in this case below) in which the Defendant, who was waiting due to the stop signal, was driving on the same side while driving the D freight vehicle on the same side.

B. The Defendant suffered injury, due to the instant accident, such as salt, tension, etc. of the bones of wood, which requires medical treatment for about six weeks.

C. The Plaintiff is a motor vehicle mutual aid business entity that has entered into a mutual aid agreement with Tae Youngro Corporation, Inc., the owner of the foregoing cargo vehicle.

2. Scope of liability for damages

A. The plaintiff asserted that all of the defendant's medical expenses incurred from the accident of this case were paid to the defendant, and that the defendant paid KRW 7,00,000 with the provisional payment did not exist any liability for damages arising from the accident of this case. Accordingly, the defendant asserted that the defendant suffered damages of KRW 39,593,584 from the accident of this case, KRW 589,00,000 due to the accident of this case, KRW 589,00,00.

(b) Determination 1) On the basis of the following: (a) On the basis of the daily income, the entry in the list of actual imports is as follows:

(Calculation for a period less than a month, the number of days to be less than a month shall be calculated to the lesser rate of the loss of labor capacity) - Basic matters and the rate of the loss of labor capacity: as stated in the corresponding column of the table below

The defendant shall also be in relation to the transcript of the shoulder part.

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