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(영문) 서울중앙지방법원 2015.08.25 2014가단5296156
손해배상(자)
Text

1. On December 11, 2012, at around 18:10, the Defendant exceeded the ice board at the bus stops located in 1009-4, Gangnam-gu, Seoul.

Reasons

1. Basic facts

A. The Plaintiff entered into a mutual aid agreement with the Co., Ltd. and B urban bus (hereinafter “Plaintiff bus”) as indicated in the separate sheet.

B. On December 11, 2012, around 18:10 on December 11, 2012, the Defendant was on board as a passenger of the Plaintiff bus, and was down on the ice ice iced while getting off the bus stops located at the bus stops located in Gangnam-gu Seoul Metropolitan Government 1009-4.

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

The Defendant received hospitalized treatment on the grounds of tear, tear, electric shock, etc. at the D Hospital located in Gangnam-gu Seoul Metropolitan Government, and the Plaintiff spent KRW 8,546,300 as the Defendant’s medical expenses until July 22, 2014.

[Ground for Recognition: Facts without dispute, Gap evidence 1 through 4, purport of whole pleadings]

2. Judgment on the parties’ assertion

A. The plaintiff's alleged defendant completely recovers from most of the rehabilitation treatment for one to two months after the surgery is performed against knee knee knee-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de

Considering 50% of the defendant's negligence and the medical expenses already paid by the plaintiff, there is no obligation for the plaintiff to pay consolation money in addition to 300,000 won.

B. The Defendant’s assertion caused damages of KRW 80 million due to the failure in the operation of the licensed real estate agent’s office due to the instant event, and the damages of KRW 50 million for consolation money and all medical expenses incurred so far shall be compensated.

C. In a lawsuit seeking confirmation of the existence of an obligation, if the plaintiff, who is the debtor, claims first and denies the fact that the cause of the obligation occurred by specifying the claim, the defendant, the creditor, is liable to specifically claim and prove the elements of the legal relationship, namely, positive, passive, and solatium according to the three-minute theory in the case of damages caused by tort.

However, the defendant did not properly assert or prove despite the order of the full bench to prepare for the statement, and Eul's evidence Nos. 1 through 4.

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