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(영문) 서울중앙지방법원 2017.01.19 2013가단290354
채무부존재확인
Text

1. B urban buses and C Costaex around 20:00 on June 18, 2012 at the vicinity of the intersection of the Gangnam-gu Seoul Metropolitan Government Geumnam-dong (Seoul), Gangnam-gu, Seoul.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The Plaintiff is a mutual aid business entity that has entered into a mutual aid agreement with a B bus owned by a pilot passenger company (hereinafter “instant bus”) to compensate for losses incurred during the operation of the bus in accordance with the terms and conditions of mutual aid, and the Defendant is a passenger boarding the instant bus at the time the following accidents occur.

B. Around 20:00 on June 18, 2012, D, a driver of the instant bus, driven the instant bus and used the bus exclusive lane, which is one-lane of the four-lanes at the intersection in Gangnam-gu, Gangnam-gu, Seoul, at the intersection of the shooting distance in the Jin apartment, from the shooting distance of the Jin apartment to the yellow signal, the left left left in violation of the signal at the right side of the bus of this case.

(hereinafter “instant accident”). C.

The Defendant was seated on the front left side of the bus of this case, but the Defendant complained of the plephal, cryp, and scopical pain after the accident of this case, and received a physical treatment, but as a result of the examination on which the pain of the part of the instant trees was continuously inspected, the Defendant was diagnosed by the outer side of both sides of the instant trees, such as the scopty fever, the right scoptypitis, the right scoptypitis, etc., and thereafter received a diagnosis by the Samsung Seoul Hospital, Gangnamnam

[Ground for Recognition] Facts without dispute, Gap evidence 1 through 6, Eul evidence 1 through 3 (including branch numbers for which there are branch numbers), and the purport of whole pleadings

2. Main lawsuit and counterclaim;

A. Since both sides of the instant accident and the instant accident were diagnosed by the Plaintiff, there was no causal link with the instant accident, and other medical expenses incurred by the instant accident were already paid to the Defendant, there is no liability for damages arising from the instant accident.

B. The Plaintiff filed a counterclaim shall continue to have sustained the injury of the lower part of the instant accident.

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