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(영문) 서울중앙지방법원 2015.05.22 2013가합21722
채무부존재확인
Text

1. A C-cab owned by the Plaintiff (Counterclaim Defendant) to the Defendant (Counterclaim Plaintiff) for business purpose.

Reasons

The principal lawsuit and counterclaim shall be judged together.

1. Occurrence of liability for damages;

A. 1) The Plaintiff is a mutual aid business entity of C-cab owned by the new Jin Transportation Limited Partnership Company (hereinafter “instant taxi”).

B) D) On April 20, 2012, when driving the instant taxi on April 2, 2012, when driving the instant taxi and making a left turn in violation of the new subparagraph on the front of the Han-dong Han-dong, Howon apartment at the Government-si, and driving the instant taxi (hereinafter “instant accident”). The instant accident is deemed to be the accident of shocking a vehicle directly driven under the new subparagraph in the opposite part.

(C) As a result, the Defendant, a passenger on the top of the sib above, suffered injury, such as brain salvosis, damage to the bubrye in this part, gye, and the left-hand salvinal base.

[Grounds for recognition] In light of the facts without dispute, Gap 1, 2 and Eul 1 certificates (including additional numbers; hereinafter the same shall apply), and the purport of the whole pleadings, the above facts of recognition are as follows: according to Article 724(2) of the Commercial Act, the plaintiff, a mutual aid business entity of the instant taxi, is liable to compensate for the damages suffered by the defendant due to the instant accident pursuant to Article 724(2) of the Commercial Act. (b) Whether the plaintiff's assertion is limited. (1) The defendant did not wear the safety bell at the time, and was sent to the emergency room immediately after the accident, and was negligent in the occurrence or expansion of damages, such as returning home without receiving medical treatment, and thus, it should be considered in determining

2) Determination A) The Defendant’s entry of No. 3-1, which appears consistent with the fact that the Defendant did not wear the safety level at the time of the instant case, is difficult to believe that it is a unilateral assertion by D, a driver of the instant taxi, and there is no other evidence to acknowledge it otherwise.

B. In addition, the following facts are acknowledged by adding the results of the physical examination commission to the chief of the KITol University and the results of the fact inquiry to the chief of the KITol University, and the whole purport of the arguments.

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