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(영문) 대전지방법원 2018.08.08 2016가단221129

채무부존재확인

Text

1. On July 15, 2016: D urban buses and Defendant (Counterclaim Plaintiff) owned by the Plaintiff (Counterclaim Defendant) at the front of the Dong-gu Daejeon Special Metropolitan City on July 17, 2016.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

Basic Facts

The plaintiff is a company that runs the business of operating route buses in Daejeon Metropolitan City and operates D buses (hereinafter referred to as the "instant buses") by employing drivers E.

On July 17, 2016, around 15:17, at the same time, an accident occurred (hereinafter referred to as the “instant accident”) involving the Defendant’s right side of the instant bus that entered the bus platform, going beyond the lane abutting on India among three-lane roads in front of Daejeon Dong-gu, Daejeon, Daejeon, and coming to the rear wheels of the instant bus that entered the bus platform.

The Defendant, due to the instant accident, received medical treatment at a F Hospital by suffering injuries, such as damage to the right side pressure traps, mashes, mashes, thalones, thalonealones, thalones, and thalones.

[Ground of recognition] In the absence of dispute, evidence Nos. 1 through 3, G hospital, and hospital of Chungcheong University, the defendant's assertion that the damage compensation liability occurred as a result of the request for physical appraisal of each of the parties to the accident of this case is near the bus stops and the place where the old and the old and the old are conducting funerals, which frequently occur when pedestrians get off from the sidewalk to the roadway.

At the time, the Defendant started to set the sidewalk to the knife-si roadway for the movement of the street due to handculs, etc., and the bus driver E neglected to perform the duty of booming and did not discover the Defendant, thereby shocking the Defendant with the side of the bus between the bus of this case and the body of the vehicle of this case, and followed the Defendant's right side to the right side of the bus of this case.

Plaintiff’s assertion

E was normally driving the bus of this case, but the Defendant was in his own possession of the bus of this case, so E was unable to anticipate or avoid the occurrence of the accident.

Facts of recognition

The roads in which the accident of this case occurred are installed separately from the six-lanes of the vehicular road and the sidewalk, and the center of the roadways is in the form of the central separation facility with a height of at least one meter.