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(영문) 대전지방법원논산지원 2020.09.24 2019가단20149
채무부존재확인
Text

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

Reasons

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

1. Facts of recognition;

A. On November 19, 2014, at around 18:30, Nonparty C, who was running a E-Stop bus owned by D Co., Ltd. (hereinafter “instant bus”), temporarily stopped on the road in front of the G cafeteria located in the Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, and the Defendant, who was a passenger, left the bus in the future while the bus was pushed down, and the Defendant went beyond the road surface (hereinafter “instant accident”).

B. The Defendant sustained an injury, such as inside the left-hand arms and alleys, which requires six weeks of treatment due to the instant accident.

C. The Plaintiff is a mutual aid business operator who entered into an automobile mutual aid contract with D Co., Ltd. under the Guarantee of Automobile Accident Compensation Act with respect to the instant bus.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, and the purport of the whole pleadings

2. According to the facts of recognition of the occurrence of liability for damages, the Plaintiff, a mutual aid business entity of the bus of this case, is liable to compensate the Defendant, who is a bus passenger.

In relation to the limitation of liability for damages, the defendant's negligence cannot be recognized in light of the fact that it is difficult to expect that the bus will drive properly in the situation where the bus stops and passengers get off.

3. Under the scope of damages, the period for the convenience of the calculation shall, in principle, be calculated on a monthly basis, but the period of less than the last month and less than one won shall be discarded.

The calculation of the current value at the time of the accident shall be based on the reduction rate of 5/12 percent per month to deduct the interim interest.

In addition, it is rejected that the parties' arguments are not stated separately.

[Reasons for Recognition] The facts without dispute, Gap evidence 2, Eul evidence 1 to 5 (including each number), the result of the physical examination of the head of the Chungcheongnamnam University Hospital, the result of the physical examination request to the head of the H Hospital, the result of the physical examination request to the head of the H Hospital, the purport of the whole pleadings

(a) Personal information 1) Personal information: I students and women: November 19, 2014.

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