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(영문) 서울남부지방법원 2019.05.16 2018가단248019
손해배상(자)
Text

1. On August 6, 2017, an accident that occurred within the F urban bus that stops at the bus stops located in the Eunpyeong-gu Seoul Metropolitan Government E-stopp around 09:12.

Reasons

1. Facts of recognition;

A. The Plaintiff is a mutual aid business entity that entered into a mutual aid agreement for F buses belonging to G Co., Ltd.

B. The Defendant, a passenger, who was preparing for the vehicle while stopping the above urban bus at the time and place indicated in the order, was an accident that occurred in the vehicle (hereinafter “instant accident”).

C. As a result, the Defendant suffered injuries that need to be treated for two weeks, such as breast-fluoring and salt fluorries.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff alleged that the Defendant sustained minor injuries as above in the instant accident requires treatment for three years and sustained damages equivalent to five trillion won. Thus, the Defendant is seeking confirmation that there is no liability for damages exceeding KRW 1,155,570.

B. According to the instant accident, the Defendant asserts that: (a) due to the instant accident, ① the mobile phone was destroyed, and the bank was unable to do so; (b) the Defendant received the phone on behalf of the Defendant and disbursed personnel expenses incurred in employing the household room; (c) the Plaintiff was unable to perform his/her duties as a specialized manager; and (c) the other party to the contract was also entitled to claim damages; and (c) the Plaintiff is obligated to compensate for the damages incurred therefrom, and that the amount is KRW 5.135 million.

3. However, the evidence presented by the defendant alone is insufficient to recognize that the defendant suffered losses as alleged by the accident of this case, and there is no evidence to prove otherwise. Thus, the defendant's above assertion is without merit.

4. If so, the plaintiff's damage liability against the defendant due to the accident of this case does not exceed KRW 1,155,570, which the plaintiff is the plaintiff, but the defendant is dissatisfied with this.

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