logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2020.10.30 2019가단5005997
채무부존재확인 등
Text

1. A traffic accident which occurred at the second underground parking lot of Dongjak-gu Seoul Metropolitan Government C Apartment Ddong around August 9, 2018.

Reasons

1. Occurrence of liability for damages;

A. Fact-finding 1) F is about 07:50 on August 9, 2018, E-si (hereinafter “Plaintiff vehicle”).

2) The front part of G-si, which was subsequently brought back to the second underground parking lot of the Dongjak-gu Seoul Metropolitan Government C-dong D-dong, was shocked (hereinafter referred to as “instant accident”).

(2) The Defendant on board the instant G-si’s cab was treated until January 22, 2019 from the date on which the accident took place, complaining of rash and shoulder pains due to an accident at one Council member.

3) The Plaintiff is a mutual aid business entity that has entered into a mutual aid agreement for the Plaintiff’s vehicle. The Plaintiff guaranteed the Defendant’s medical fees and paid KRW 3,468,670. [Grounds for recognition] The Plaintiff did not dispute, as well as the entries and videos (including the case where there is a serial number; hereinafter the same shall apply) of the evidence A1 through 5,

- The purport of the whole pleadings

B. The plaintiff asserts that there is no causal link with the accident considering the accident's minor accident and the defendant's shoulder sking, treatment period, etc.

The above evidence and evidence Nos. 6 through 8, and 10 are considered as a whole together with the purport of the entire pleadings, namely, the following circumstances: (a) there was shock to the extent that all two vehicles might be shaking due to conflict of accidents; (b) the defendant, immediately after the accident, complained of a hospital treatment, and complained of the pain above the shoulder from five (5) days after the accident; and (c) the plaintiff was receiving treatment for the shoulder due to the revolving regrative regrosis during the period from June 23, 2018 to July 20, 2018; (d) there may be serious pain if the shock caused by the accident above the part on which the plaintiff was aboard; and (e) the plaintiff and the driver seat of the vehicle who was the driver seat of the vehicle on which the defendant was aboard, separately from the treatment expenses 305,100 won guaranteed by the defendant, and shall be recognized as having agreed on the damages liability of this case by the defendant as a whole.

The plaintiff is a mutual aid operator of a vehicle due to an accident.

arrow