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(영문) 인천지방법원부천지원 2020.11.12 2020가단6179
채무부존재확인
Text

The plaintiff (Counterclaim defendant) shall pay 2,199,580 won to the defendant (Counterclaim plaintiff) and shall pay 2,199,580 won from May 27, 2020 to November 12, 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 F Bus (hereinafter “instant bus”), and G is the Plaintiff’s employee as the Plaintiff’s employee.

B. At around 09:11 on May 27, 2020, G was running the instant bus on the street near the Gangseo-gu Seoul Metropolitan Government, and the front vehicle was stopped while stopping. During that process, the Defendant’s body, who was boarding the bus seat after the bus driver’s seat and was faced with the structure behind the bus driver’s seat (hereinafter “instant accident”).

C. On May 28, 2020 following the day of the instant accident, the Defendant was diagnosed on May 28, 2020 to require two-day medical treatment on the left-out and the left-out of the light salt, the left-out and the left-out of the left-out. From that time, the Defendant was hospitalized until June 5, 2020.

[Ground of recognition] The fact that there is no dispute, Gap's 1, 2, Eul's 1 through 6, the purport of the whole statement, video, or pleading

2. The parties' assertion

A. Considering the video at the time of the Plaintiff’s claim for principal action, it is difficult to confirm the face where the Defendant shocked the arms due to the instant accident, and the structure behind the driver’s seat has a structure that can absorb the shock well, and thus, the Defendant did not receive a large shock. If the Defendant had severely sold the arms at the time of the accident, the Defendant was informed of it to the relevant person or bus driver, and even if there was no measure at the time of the occurrence of the instant accident, there was no demand for the payment of KRW 2.3 million, such as medical expenses and agreement, after being hospitalized.

In light of the circumstances of the accident in this case, it is difficult to view that certain treatment is required for the defendant, and therefore the plaintiff has no obligation to pay the defendant all the amount of money, such as medical expenses and agreed money.

B. The defendant's counterclaim claim suffers a considerable injury due to the accident of this case.

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