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(영문) 서울동부지방법원 2015.05.29 2013나8092
채무부존재확인
Text

1. The defendant (Counterclaim plaintiff)'s appeal is dismissed.

2. The costs of appeal are assessed against the Defendant-Counterclaim Plaintiff.

purport, purport, and.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Occurrence of liability for damages;

A. (1) The instant accident (A) was caused by the Defendant’s injury, such as drilling, conjectioned salt, and cerebral le, etc., that the head was faced on the right edge of the C driver’s B bus, which was driven by the bus stop while waiting for a bus at the sidewalk near the new bus stops located in the Madong-dong, Madong-dong, the government around November 19, 2010, when he was waiting for a bus at the front of the bus stops.

(B) The Plaintiff is a mutual aid business entity that entered into a motor vehicle mutual aid agreement with respect to the bus.

(2) On the other hand, on March 3, 2010, prior to the instant accident, the Defendant was involved in an accident on board a bus which was subscribed to the Plaintiff’s automobile mutual aid agreement (hereinafter “on-board bus”). At the time, the Defendant was suffering from an injury such as salt in the bus, etc. while going beyond the bus, and thereafter, the Plaintiff paid the Defendant the amount of damages and agreed to each other.

(3) In addition, on June 3, 201, after the instant accident, the Defendant suffered an accident on board a bus which became a member of the Plaintiff’s automobile mutual aid agreement (hereinafter “after-sales bus”). At the time, the Defendant suffered an injury, such as the climatic salt, etc., by exceeding the bus.

(B) In relation to the subsequent event, the Plaintiff filed a lawsuit against the Defendant to confirm the existence of the obligation under this Court Order 201Gao53608, and the Defendant filed a counterclaim against this Court Order 201Gao3655, respectively. As a result of the said lawsuit’s physical appraisal of the Defendant, the ratio of the Defendant’s disability and labor ability loss due to the exercise is as follows.

The latter disability: 12% [12% of spine damage-III-A-C Labor Capacity Loss Rate 24% (vocational coefficient 5), contribution ratio 50% of king evidence] of the above physical appraisal result adopted by the above court, and it is deemed that the defendant lost 12% of labor ability for 2 years from the date of the accident due to the exercise of the latter.

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