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(영문) 서울북부지방법원 2019.01.16 2018가단104846
채무부존재확인
Text

1. On November 22, 2016, 14:50 On November 22, 2016, the Plaintiff’s Defendant related to the traffic accident occurred near the apartment in Seoul Special Metropolitan City, Nowon-gu.

Reasons

1. Facts of recognition;

A. The Plaintiff is a mutual aid business entity that has entered into a mutual aid agreement with FB bus (hereinafter referred to as “FB bus”).

B. On November 22, 2016, the driver of the sea caused an accident where the driver of the vehicle was able to receive injury, such as pressure pressure for the fourth step by shocking the defendant while making an illegal internship in the vicinity of the apartment in Seoul Special Metropolitan City, Nowon-gu (hereinafter “instant accident”) around 14:50.

[Reasons for Recognition] Unsatisfy, Gap evidence 1 to 12, Eul evidence 1 to 9, the purport of the whole pleadings

2. Determination

A. According to the fact that the accident in this case occurred due to the negligence of the driver of the vehicle who committed an illegal internship while neglecting the previous juncy, and thus, the Plaintiff, a mutual aid operator, shall compensate for all the damages suffered by the Defendant due to the accident in this case.

B. 1) Reduction of medical expenses, patient care expenses, and transportation expenses: 15% (including all the circumstances such as the illegal internship, front-time care expenses, and the victim's without permission): 26,100,000 won (the defendant's age, degree of injury, and negligence of the driver of the sea) for the medical expenses already paid: 1,991,637 won = 13,27,580 won x 15% x 15% (based on recognition) for the calculation of 4,103,570 won (=4,827,70 won x 730 won x 5%) for the damages incurred by the defendant: 26,100,000 won (the amount of damages incurred by the driver of the sea) for the medical expenses already paid: 1,991,637 won x 13,277,580 won x 16,2319) for the damages incurred by the plaintiff from 4,1036.16% to 2,295%

3. To the extent of the above recognition, the Plaintiff’s claim for conclusion is accepted.

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