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(영문) 인천지방법원 부천지원 2021.01.22 2020가단2733
채무부존재확인
Text

1. On February 19, 2020, around 22:18, the defendant, who was trying to get a vehicle in the course of stopping at the E-stop stop.

Reasons

1. Basic facts

A. On February 19, 2020, F, a driver affiliated with the Plaintiff, operated D buses owned by the Plaintiff (hereinafter “instant buses”), reduced the speed of stopping at the E-stop bus stops in Bupyeong-si around 18, 2020 while driving the instant buses.

B. The Defendant, who was on board the bus of this case, was able to move to a bus after the bus to lower the bus, and was obvious that the bus would go beyond the center of stop defect, but did not put a pole inside the bus (hereinafter “the instant accident”). C.

After the instant accident, the Defendant was hospitalized in G Hospital from February 22, 2020 to March 2, 2020, and received treatment expenses from H Mutual Aid Association. The Defendant was paid from H Mutual Aid Association the medical expenses.

[Ground of recognition] Unsatisfy, entry in Eul evidence Nos. 2 through 9 (including each number if there are several numbers), the video of Gap evidence No. 1, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion that the instant accident occurred, even though the instant bus did not rapidly stop, is an accident caused by the Defendant’s booming the two hand, and the movement of the bus before the bus stops.

Plaintiff

Since the accident of this case is not caused by the negligence of driver F, there is no liability for damages against the defendant.

B. The Defendant’s assertion was difficult for the Defendant to receive hospitalized treatment for two weeks due to the instant accident. As such, the Plaintiff should pay the Defendant the amount of damages KRW 2 million for lost income and KRW 2 million for consolation money as damages.

3. In a lawsuit seeking confirmation of non-existence of a monetary obligation, if the plaintiff, who is the debtor, claims to deny the fact of the cause of the obligation by specifying the first claim in advance, the defendant is liable to assert and prove the facts of the legal relationship (see, e.g., Supreme Court Decision 97Da45259, Mar. 13, 1998). The evidence Nos. 2, 4, and 5 is proven.

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