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(영문) 서울중앙지방법원 2016.04.22 2015가단5220255
부당이득금
Text

1. The Defendant’s KRW 63,906,808 and KRW 54,386,801 among the Plaintiff and KRW 9,520,07 from July 29, 2015.

Reasons

1. In fact, the Plaintiff is a mutual aid business operator who has concluded a mutual aid agreement for compensation for traffic accidents with respect to a bus owned by BT transport business corporation (hereinafter “Plaintiff bus”).

The defendant is a male of Chers.

Plaintiff

D, on April 1, 2014, at around 17:06, the operator of the bus, driven the Plaintiff bus and stopped in order to let the passengers get off at the bus stops in writing at the original elementary school (hereinafter referred to as the “accident site”).

Plaintiff

A bus is at a large location from the floor to the low-floor bus, and a sidewalk was installed at a large location from the roadway, but the location D stopped the Plaintiff bus was a little away from the sidewalk.

Plaintiff

Of the passengers of buses, the first subordinate of the passengers of the bus cut off by a sidewalk as many strings from the bus stairs board, and the Defendant, as well as the Defendant, when stringing the back of the bus board, has turned off the two strings into the left side without the centering, and the Defendant’s right side side was over the back side of the bus, which started immediately from the Defendant’s lower side, and continued to go back to the back side of the bus.

As a result, the defendant suffered injury, such as pressure damage, etc. to the right.

(hereinafter “instant accident”). On behalf of the Defendant, the Plaintiff paid KRW 91,60,000,000 to the hospital totaling KRW 91,295,440 from August 7, 2014 to June 26, 2015, and KRW 13,60,010 to February 4, 2016.

[Ground of recognition] Unsatisfy, each entry in Gap evidence 1 through 6 (including each number), the result of the video verification, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion bus driver could not anticipate that the Defendant lost his own center after the lower end of the accident in this case against the Plaintiff bus driver who started the Plaintiff bus after the lower end of the Defendant.

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