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(영문) 인천지방법원부천지원 2020.04.23 2019가단19759
채무부존재확인
Text

1. The plaintiff (the counter-defendant) shall pay 8,627,722 won to the defendant (the counter-appellant) and its related amount from January 10, 202 to April 23, 2020.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. The Plaintiff is a company running a bus transport business as the owner of the D bus (hereinafter “instant bus”), and E is an employee of the Plaintiff.

B. On March 21, 2019, E operated the instant bus at around 11:00, and let passengers get out of the bus stops in front of the 24 Gyeyang-ro, Incheon, Gyeyang-gu. At the time, the Defendant, who was on board the instant bus, was getting out of the bus through the rear mouth of the bus.

다. 그러던 중 E의 조작과실(기어를 넣은 상태에서 클러치에서 발을 땜)로 이 사건 버스가 덜컹거리게 되었고 그로 인하여 하차 중 몸의 균형을 잃게 된 피고가 오른손 새끼손가락을 이 사건 버스 내 손잡이 기둥에 부딪히는 사고(이하 ‘이 사건 사고’라 한다)가 발생하였다. 라.

On March 26, 2019, the Defendant was diagnosed as having been in need of a medical treatment for about four weeks due to the knives of the knives of the knives of the knives of the knives, the escape of the knives of the nearby knives, and the

E. As a result of the physical appraisal of the Plaintiff, a medical specialist outside the courtroom who received the commission of this Court presented the opinion that it constitutes a temporary loss of labor capacity of 7% for 3 years based on urban workers in a state where the physical appraisal of the Plaintiff remains for a limited period of 5%.

[Ground of recognition] The fact that there has been no dispute, Gap evidence 1, Eul evidence 1 through 10 (including each number in case of additional evidence) or video, the result of physical appraisal with the appraiser F Hospital's F Hospital's emotional outside, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s main claim is merely a minor shock as a result of the cateral operation while stopping at the time of the instant accident, and the Defendant, therefore, she only faced with the lower part of the cateral rubber instead of the cateral fingers.

Therefore, against the young and healthy defendant.

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