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(영문) 부산지방법원 2018.05.16 2015가합48613

채무부존재확인

Text

1. On April 27, 2014, in relation to traffic accidents that occurred in front of 471 Daedong-gu Daejeon, Daejeon, Daejeon, about 05:49.

Reasons

1. Facts of recognition;

A. The Plaintiff is a mutual aid business entity that entered into a mutual aid agreement with C Co., Ltd. and its owner D urban bus (hereinafter “instant bus”).

B. On April 27, 2014, E driving the instant bus around 05:49, and driving the instant bus along the two-lanes between the two-lanes, namely, the front side of the 471 large-scale large-scale road in Daejeon Jung-gu, Daejeon, along the median distance from the median distance boundary to the median distance.

The Defendant was located on the three-lane side of the right side of the bus in the direction of the bus in this case. At the time when the bus in this case was passed through the Defendant, the bus in this case exceeded the floor after facing the side of the right side of the bus in this case.

(hereinafter “instant accident”). C.

The Defendant suffered injuries, such as a cage cage cage cage cage cages of the instant accident, sage cages of both sides cages, gym crym cages of external wounds, and abalone.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, 6, Eul evidence Nos. 1 through 3 (including each number; hereinafter the same shall apply), Gap evidence No. 4 video, the purport of the whole pleadings

2. Determination as to the claim on the principal lawsuit

A. The plaintiff's assertion 1) The accident of this case occurred only by the defendant's unilateral negligence, and there is no negligence on the part of E driving the bus of this case, and there is no structural defect or functional obstacle to the bus of this case. Therefore, the plaintiff is exempted pursuant to the proviso of Article 3 of the Guarantee of Automobile Accident Compensation Act, and there is no obligation to pay the plaintiff's mutual aid to the defendant due to the accident of this case. 2) The accident of this case occurred due to the negligence that the plaintiff, the driver of the bus of this case, neglected the duty to stop the bus of this case and operated beyond the limited speed. Thus, the plaintiff is liable to compensate the damage

B. The main text of Article 3 of the Guarantee of Automobile Accident Compensation Act, which determines the cause of the claim, is “a person who operates an automobile for his own sake.”