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(영문) 수원지방법원 2019.09.18 2019가단505070
채무부존재확인
Text

1. On October 31, 2017, the Plaintiff (Counterclaim Defendant)’s hospital located in Suwon-si C around 16:55 on October 31, 201.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Occurrence of liability for damages;

A. Facts of recognition 1) The Plaintiff is a private taxi (hereinafter “Plaintiff-vehicle”).

F) around 16:55 on October 31, 2017, while driving the Plaintiff’s vehicle, the Plaintiff was parked on the two-lanes in front of the D Hospital located in Suwon-gu C for passenger getting off.

Plaintiff

The passengers of the vehicle opened the back stone string for getting off the vehicle, and the Defendant's bicycle stringed in the same lane as the following:

(hereinafter “instant accident”). D. D. The ground for recognition has no dispute, Gap evidence Nos. 1 and 2, Eul evidence Nos. 1 and 1-2, and the purport of the whole pleadings.

B. According to the recognition and limitation of liability, the Plaintiff, a mutual aid business operator of the Plaintiff’s vehicle, is liable for damages sustained by the Defendant due to the instant accident, on the ground that the Plaintiff, as a mutual aid business operator, was negligent in having passengers open the door of the vehicle, although the Plaintiff, as a driver of the Plaintiff’s vehicle, should have checked on whether there was a motorcycle or bicycle going after stopping for passengers getting off.

However, since the defendant who has driven a bicycle was negligent in failing to thoroughly perform his/her duty of explanation, the plaintiff's responsibility is limited to 80%.

2. Damages of the Defendant’s assertion within the scope of compensation for damages: Medical expenses for the left-hand hand-hand hand-made fibres, 2,977,260 won, and the amount of damages for the 60-day period of hospitalization and pain treatment due to the above injury, KRW 5,518,78 won, and KRW 10,496,048 in total, KRW 2 million.

Medical expenses and daily income 1) Eul evidence Nos. 2, 3, 4, and 5 (including household numbers, and the whole purport of each statement and argument in this case, as a whole, the defendant appealeded to the hospital to the left-hand hand, and applied to the hospital after the accident in this case. On November 30, 2017, the G hospital was diagnosed by the hand-on hand-hand hand-made hand-made hand-made hand-made hand-made hand-made hand-made hand-made hand-made hand-made hand-made hand-made hand-off at the hospital on December 13, 2017.

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