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(영문) 서울중앙지방법원 2017.03.29 2016나63776
부당이득금
Text

1. The judgment of the court of first instance is modified as follows.

The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) is KRW 15,237,313 and also the Plaintiff (Counterclaim Defendant).

Reasons

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

1. Basic facts and the grounds for this part of the court’s assertion by the parties are as stated in the reasoning of the judgment of the first instance, and thus, they are cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Determination:

A. (i) The following circumstances, which are acknowledged by comprehensively taking account of the following evidence and the overall purport of arguments as seen earlier, namely, ① the operator of the bus of this case, was aware of the fact that the Defendant: (a) the Defendant was on board a bus front of the bus of this case while under the influence of alcohol on the day of the accident; (b) the Defendant stopped the bus of this case at the location of the accident; (c) the Defendant was in need of a considerable time to get off the bus (15 seconds) compared to other passengers; and (c) the Defendant was able to take off the bus of this case without shutting about about 10,00 after getting off the bus of this case; and (d) the Defendant was negligent in driving the bus of this case after leaving the bus of this case and leaving the bus of this case after getting off the bus of this case; and (e) the Defendant got off the bus of this case after getting off the bus of this case; and (e) the Defendant got off the bus of this case after getting off the bus of this case and got off the bus of this case.

D. Therefore, the accident of this case was caused by the negligence of B, the driver of the bus of this case, and thus, the operator, the defendant, is the defendant.

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