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1. The Plaintiff (Counterclaim Defendant) paid KRW 5,216,00 to the Defendant (Counterclaim Plaintiff) and its related amount from June 15, 2017 to April 6, 2018.
Reasons
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. According to the facts that there is no dispute between the parties concerned, Gap's evidence Nos. 2, 3, Eul's evidence Nos. 1 through 3, and Gap's evidence No. 1's video and the whole purport of the pleadings, it is recognized that the defendant was aboard the plaintiff's bus (B; hereinafter "the plaintiff's vehicle") on June 15, 2017 at three-lanes in front of the head of the village of the village of 6922 Kimpo-si, Kimpo-si, Kimpo-si, Kimpo-si, which was located in three-lanes of the city bus stops in front of the head of the city of the city of 3-lane, and the plaintiff's vehicle was ready to start up in the course of reducing speed while entering the above stop (hereinafter "the accident of this case").
2. The parties' assertion
A. The instant accident was solely caused by the Defendant’s fatherism, and thus, there is no Plaintiff’s liability for damages against the Defendant.
B. Since the Plaintiff’s driver did not verify the safety of passengers and sustained injury to the Defendant by negligence while driving the vehicle, the Plaintiff, who was the operator, is liable to compensate the Defendant for the damages incurred by the instant accident.
However, the defendant is seeking compensation of KRW 2,770,000 and KRW 5,000,00 as part of the claim, which wishes to close this case, in a situation where the scope of future medical expenses can not be determined yet.
3. Occurrence of liability for damages;
A. The main text of Article 3 of the Guarantee of Automobile Accident Compensation Act provides that "a person who operates an automobile for his own sake shall be liable to compensate for damage when he has killed or injured another person due to the operation thereof, and Article 3 subparagraph 2 of the same Act provides that "if the passengers are injured, the passengers shall be exempted from liability when they are injured by their intentional act or by suicide", and thus, a person who operates an automobile for his own sake under the above Act shall not prove the above reasons for exemption.