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(영문) 서울서부지방법원 2016.11.11 2015나32787
손해배상(기)
Text

1.The judgment of the first instance shall be modified as follows:

The plaintiff (Counterclaim defendant) is the defendant (Counterclaim plaintiff) with KRW 6,581,491.

Reasons

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

1. Occurrence of liability for damages;

A. The facts of recognition 1) around 18:30 on June 13, 2012, the Defendant was facing the back door of the bus stop in Seodaemun-gu, Seoul, in order to wait for a bus at the red bus stops in order to take the bus in the rear door of the bus, while passengers of the bus board the bus after getting out of the bus stops in the course of boarding the bus after getting out of the bus stops (hereinafter referred to as the “accident in this case”).

(2) On April 4, 2014, the Defendant received a revolving revolving a revolving revolving practice at the Sym Hospital in the Sym Hospital as a revolving revolving the right shoulder.

[Reasons for Recognition] Unsatisfy, Gap evidence 1 to 3, Eul evidence 2 and 3, the purport of the whole pleadings

B. According to the facts of recognition of liability, the Plaintiff is liable to compensate the Defendant for the damages incurred by the instant accident as the operator of the bus.

C. On October 5, 2012, the Defendant, after receiving physical therapy on 38 occasions under the diagnosis that it was the right-hand salt, presented the opinion that the patient in charge need not receive medical treatment (Evidence A 3), and the Defendant continued to provide medical treatment after October 5, 2012. However, the Defendant appears to have not actively received medical treatment, etc. on March 21, 2014, by taking into account the following factors: (a) the Defendant was under the 38 physical therapy under the diagnosis that it was the right-hand salt, but this was under the 48 physical therapy on April 4, 2014; and (b) the Defendant was under the 5th anniversary of the lapse of 1 year and 8 months after the occurrence of the instant accident; and (c) the Defendant was under the 5th year and 5th year after the instant accident; and (d) the Plaintiff was under the fair participation of the Plaintiff’s injury in the oral proceedings in view of all circumstances, including the Plaintiff’s age and the degree of injury.

2. The scope of the liability shall be below.

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