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(영문) 서울동부지방법원 2015.01.16 2013가단106209
채무부존재확인
Text

1. The Plaintiff (Counterclaim Defendant) paid KRW 17,322,277 to the Defendant (Counterclaim Plaintiff) and its related amount from November 8, 2012 to January 16, 2015.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

The Plaintiff entered into a motor vehicle insurance mutual aid agreement with the Gyeonggi Transportation Limited Partnership Co., Ltd. with respect to the taxi for B Saturdays business (hereinafter referred to as the “instant taxi”).

C On November 8, 2012, around 15:52, when driving the instant taxi, and driving the national highway ginseng distance No. 48 as of Kim Jong-dong Kimpo-dong Kim Jong-dong, in Seoul bank, was red signal. Thus, due to the negligence in progress, he completed a Uton on the opposite line of masts, and caused the backer of the Defendant’s Dom-5 car located at the front line of the instant taxi (hereinafter “instant accident”). In addition, due to the negligence in progress, the backer of the Defendant’s Dom5 car, which was located at the front line of the instant taxi, caused an accident (hereinafter “instant accident”).

[Ground of recognition] The plaintiff is obligated to compensate the defendant for all damages caused by the instant accident as a mutual aid business operator of the instant taxi according to the fact that there is no dispute, Eul's entry, and the fact of fact-finding on the Kimpo Police Station of this Court.

Actual income within the scope of liability for damages: 21,245,298 won (=10,490,904 won 10,754,394 won) the Defendant sought compensation of KRW 10,490,904 won from April 11, 2014, which is the date of physical assessment, due to the fact that “actual income” was “actual income” and sought compensation of KRW 10,754,394 won from November 8, 2012, which is the date of the instant accident to January 16, 2014, which is the date of the instant accident, for the purpose of medical treatment, from November 8, 2012, which is the date of the instant accident, to the date of the instant medical treatment, the Defendant is claiming compensation of KRW 10,754,394 won equivalent to the actual income during the period from November 16, 2014, but it is determined as follows.

Facts of recognition

Gender and gender: Date of birth of a male: At the time of an accident of a male: The life expectancy of 34 years of age: The occupation of 43.62 and the daily wage of an urban common person shall be calculated as the occupation of 43.62.

From September 1, 2012 to December 31, 2012, KRW 80,732 per day, and January 1, 2013.

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