채무부존재확인
1. In relation to a traffic accident listed in the attached list, there is no obligation of the Plaintiff to pay insurance money to the Defendant.
1. Basic facts
A. The Plaintiff is a mutual aid business entity that entered into a comprehensive motor vehicle mutual aid agreement with D urban buses owned by C Co., Ltd. (hereinafter “instant buses”).
B. Around 08:10 on September 12, 2018, the instant bus was operated rapidly as the previous passenger car was driven along with the rapid stop of the passenger car in Daegu Dong-gu, Daegu. Accordingly, the Defendant, who was on board the instant bus, was moving to the lower door of the bus (hereinafter “instant accident”).
C. From September 13, 2018 to September 26, 2018, the Defendant was hospitalized under the name of the “NOS in Gyeong-gu and tensions with Gyeong-gu, the open two markets, and the tensions” (a clinical presumption), and there was a medical opinion that the Defendant requires stable medical treatment and other treatment for two weeks after the award.
The Defendant received treatment at the Plaintiff’s expense until May 6, 2020, and around that time, the medical expenses borne by the Plaintiff are KRW 8,506,370 in total.
[Reasons for Recognition] Facts without dispute, Gap 1 to 5 evidence, Eul 6 and 7 evidence, or the purport of the whole pleadings
2. Judgment on the assertion
A. According to the above facts, the defendant, who is the passenger of the bus of this case due to the operation of the bus of this case, sustained the injury, barring special circumstances, the plaintiff, who is a mutual aid business operator for the bus of this case, is liable to compensate for the damage suffered by the defendant due to the accident of
B. Unless the plaintiff's assertion of exemption from liability due to the instant accident is exceptional, a duty of care related to the process of passenger's getting on and off a bus or moving to a position desired after boarding a bus driver is a passenger, not a bus driver. The instant accident was caused by the defendant's negligence, which committed a violation of the duty to observe even if the instant accident was a situation sufficiently anticipated, and was committed without proper knife or knife on a bus.