A. The Plaintiff is an urban bus transport service provider who operates the bus B 90 (hereinafter “instant bus”), and the Defendant is a passenger boarding the instant bus.

B. On August 26, 2016, around 09:08, the Plaintiff’s staff E driving the instant bus, and getting off and getting off passengers at the Danan-gu Incheon Bupyeong-gu and the bus stops in front of the bus stops, and the Defendant, on the instant bus, aboard the instant bus, was moving forward to the front of the bus that occurred from the chair for the defect at the bus stops, and the Defendant, who was on board the instant bus, went beyond the front of the bus to the front part for the defect at the bus stops, resulting in an accident resulting in an accident on the upper part of the left part.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 to 3 (including paper numbers) and the purport of the whole pleadings

2. The parties' assertion

A. Plaintiff E, after checking the safety of passengers in the vehicle and the operational safety of front and rear left of the vehicle, started slowly, and the Defendant attempted to move in front of the instant accident, and thus, the Plaintiff is not liable to compensate the Defendant for the damages caused by the instant accident.

B. Defendant 1) A did not verify the safety of the Defendant located in the bus of this case and caused the instant accident. (2) The Defendant incurred damages of KRW 1,00,000,000, such as medical expenses 9,213,000, transportation expenses incurred from the outpatient treatment, etc. due to the instant accident, and KRW 4,000,000, mental damages incurred from metal removal surgery, and KRW 17,213,00,000, total amount of KRW 17,213,000, and thus, the Plaintiff is liable for compensation for the said damages.

3. Determination

A. According to Article 3 of the Guarantee of Automobile Accident Compensation Act, a person who operates an automobile for his/her own sake is liable to compensate for damages if he/she gets injured by another person due to his/her operation, and where the injured person is a passenger, he/she shall be liable only when he/she is killed or injured by his/her intentional act or suicide.