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(영문) 대구지방법원서부지원 2020.05.13 2018가단70445
채무부존재확인
Text

1. As to the traffic accident stated in the attached list, the Plaintiff (Counterclaim Defendant) against the Defendant (Counterclaim Plaintiff).

Reasons

1. Facts of recognition;

A. The Plaintiff is a corporation that operates a taxi transport business, and is the owner and user of E-si (hereinafter “Plaintiff-si”).

F Around 05:10 on February 24, 2018, while the road of Daegu Jung-gu G was driven by the air-sponsing distance from the fair sponsing area, F was driven by the H taxi (hereinafter “Defendant taxi”) of the Defendant’s H taxi, and was driven by the I driver’s vehicle, the I driver’s vehicle was driven by the I driver’s vehicle, and the I driver’s vehicle was driven by the I driver’s vehicle, and the I driver’s vehicle was also driven by the I driver’s vehicle back of the I driver’s vehicle, and the I driver’s vehicle reconsponsed by the I driver’s vehicle (hereinafter “instant accident”).

B. In the instant accident, the Defendant suffered injuries to salt pans and tensions of the chills that require approximately two weeks of medical treatment.

C. The Plaintiff’s Intervenor paid KRW 9,983,530 to the Defendant in accordance with the mutual aid agreement concluded with the Plaintiff.

[Ground of recognition] Facts without dispute, Gap's statements, Gap's evidence Nos. 1 through 3, 5, 12, 13, and 15, the purport of the whole pleadings

2. Summary of the parties' arguments;

A. In light of the fact that the Plaintiff’s liability for damages should be limited to 60% of the Plaintiff’s negligence in the occurrence of the instant accident, and that the Intervenor paid the Plaintiff’s liability as mutual aid money including the medical expenses incurred by the Defendant’s king, the solatium amounting to KRW 10 million claimed by the Defendant is excessive, and there is no obligation to pay the Plaintiff’s damages to the Defendant in connection with the instant accident.

B. According to the provision on the payment of mutual aid money by the Plaintiff’s Intervenor, the Plaintiff’s Intervenor paid KRW 8,000 per day to the Defendant, and the Defendant’s payment of KRW 10,00 per hour on the day on which the Defendant provided hospital treatment results in the damage of KRW 10,00 per hour. The Defendant presented the case where the Defendant received hospital treatment at least 12 times per month during the 20-month period.

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