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(영문) 창원지방법원 2016.09.23 2016가단106141

채무부존재확인

Text

1. The Defendant’s KRW 7,350,000 and the Plaintiff’s annual rate of KRW 5% from September 16, 2015 to September 23, 2016.

Reasons

1. Occurrence of liability for damages;

A. The Plaintiff and the Defendant are corporations running respective bus passenger vehicle transport business, and they operate urban buses within the Changwon city.

Plaintiff

On September 1, 2015, the article A driven a B bus (hereinafter referred to as “Plaintiff bus”) around 15:58 on September 1, 2015, which was driven from the Do square to the Do square, tried to enter the stop at the window of Changwon-si, 56-gil 11, with the window of the window of Changwon-si, and went into the stop. While there was no passenger boarding the bus and no passenger waiting for boarding at the stop, the article C driving D bus (hereinafter referred to as “Defendant bus”) belonging to the Defendant, which was placed prior to mab, stopped the said stop at a point where approximately 20 meters of the said stop, and proceeded to the left part of the Plaintiff bus without stopping it to the left part of the Defendant bus.

(hereinafter “instant accident”). At the time of the instant accident, the Defendant bus did not balk back at the time of stopping, but balkes, etc. at the time of the instant accident, and C operated emergency lights, etc., and it was 4 on and off time until the moment of the collision.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1, 6, 7, 8, Eul evidence Nos. 1 through 7 (including branch numbers) and the purport of the whole pleadings

B. According to the facts of recognition of liability, since the article of the defendant bus has been negligent in stopping the bus stops at an excessive point, thereby causing the instant accident, the defendant is liable to compensate for the damages suffered by the plaintiff due to the instant accident.

C. Limit of liability, however, the Plaintiff bus article A has a duty of care to reduce speed and prevent accidents by properly examining the flow of the front-way vehicle in proceeding without stopping the bus stops while entering the bus stops.