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(영문) 인천지방법원 2019.05.28 2019가단201968
채무부존재확인
Text

1. On November 16, 2018, around 07:50, a bus of EF, owned by the Plaintiff (Counterclaim Defendant) on the front of Seo-gu Incheon, Seo-gu, Seo-gu, Incheon, is a bus chartered.

Reasons

1. Basic facts

A. The Plaintiff is a holder (owner) of a bus EF service (hereinafter “F service bus”) and G H service bus G H (hereinafter “H service bus”).

B. A bus No. 07:50 on November 16, 2018, around 07:50, was proceeding the three lanes of the four-lane road in front of Incheon Seo-gu, Seo-gu, with the direction from the airspace.

However, at the time, the H-type bus was proceeding with the fourth line of the above road prior to the F-type bus, but the rear light, installed in the front part of the bus F-type, was shocked by the rear glass of the bus No. H, and as a result, the subsequent glass of the bus No. H was broken in as shown in the Annex 1 video.

(hereinafter referred to as “instant accident”) C.

At the time of the accident in this case, the defendant was placed in the back seat of H, and due to the accident in this case, the defendant was suffering from the injury of the climatics and tensions that require stability and medical treatment for two weeks.

[Grounds for Recognition: Facts without dispute, Gap evidence 1, 2, Eul evidence 1 to 3, or the purport of the whole pleadings]

2. Summary of the parties’ assertion

A. The Plaintiff’s summary of the instant accident is a minor contact with the Plaintiff, and it cannot be deemed that the Defendant, who is a passenger of the bus No. H, sustained injury.

However, since the defendant requires a large amount of damages on the ground of the accident of this case, the plaintiff seeks confirmation against the defendant that there is no obligation to pay damages on the ground of the accident of this case.

B. At the time of the instant accident, the Defendant’s summary of the Defendant’s assertion was seated in the back of the bus most adjacent to the shoulder glass, and the location of the instant accident led to considerable impact on the body.

As a result, the damages suffered by the Plaintiff are equivalent to KRW 5 million in lost income, KRW 10 million in consolation money, and KRW 15 million in consolation money. Thus, the Plaintiff, the holder of the bus that caused the instant accident, who is the owner of the bus, shall pay to the Defendant the sum of the above amounts, KRW 15 million in advance, and delay damages.

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