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(영문) 청주지방법원 2013.11.07 2013가단4319
채무부존재
Text

1. On January 21, 2013, the automobile comprehensive mutual aid agreement entered into with the Plaintiff (Counterclaim Defendant) D was requested around 18:00 on January 21, 201.

Reasons

1. Occurrence of liability for damages;

(a)The following facts may be admitted, either in dispute between the parties or in each entry in Gap evidence 1 to 11 (including each number; hereinafter the same shall apply) by reference to the whole purport of the pleadings:

(1) The Plaintiff is a business entity that entered into a motor vehicle mutual aid agreement with D and Esi (hereinafter “instant taxi”).

(2) Around 18:00 on January 21, 2013, D operated the instant taxi and did not properly verify whether the Defendant’s FFF car amount (hereinafter “victim”) occurred on the rear side of the Goak apartment in the Goakdong-dong, Goakdong-gu, Goakdong-gu, Cheongdong-gu, and did not check whether the Defendant’s FF car amount (hereinafter “victim”) occurred on the rear side of the instant taxi due to the negligence back to the left part of the instant taxi and shocked the front part of the damaged vehicle.

(3) Due to the instant accident, Defendant A suffered bodily injury, such as light fluoral salt fluoral salt fluoral salt fluoral salt fluoral salt fluoral salt fluoral salt fluoral salt fluoral salt fluoral salt fluoring treatment for three weeks, and Defendant C had been damaged to the extent of KRW 382,690 at repair cost.

B. According to the facts of recognition as above, the Plaintiff is liable for damages suffered by the Defendants due to the instant accident as a mutual aid business entity of the instant taxi.

2. Scope of liability for damages

A. Defendant A (1) asserts that the daily average wage of 81,303,088 won per day was lost on the ground that Defendant A was hospitalized for 16 days due to the instant accident and lost 100% labor ability (i.e., KRW 81,443 won x 16). However, according to the evidence No. 2-1, Defendant A alleged that Defendant A was hospitalized in a hospital for 16 days, but it is recognized that Defendant A was hospitalized in a hospital for 16 days, but the following circumstances, namely, the lower court’s back on the left-hand side of the instant taxi.

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