The Plaintiff is a mutual aid business operator who entered into a liability mutual aid agreement with the Suwon Passenger Transport Service Co., Ltd. with respect to B urban buses owned by the said company (hereinafter “instant buses”).

On August 13, 2014, at around 14:40, the Defendant was killed and wounded while getting off the instant bus operated by C.

(hereinafter “instant accident.” The Defendant claimed the Plaintiff to pay medical expenses on the ground of the instant accident, and on October 24, 2014, the Plaintiff paid KRW 391,500 as advance payment to the Defendant pursuant to Article 11(1) of the Guarantee of Automobile Accident Compensation Act.

[Reasons] The facts without dispute, Gap evidence Nos. 1 and 2, Eul evidence Nos. 3-4, Eul evidence No. 2, judgment as to the cause of claim as to the whole pleadings, and Article 2 subparag. 2 of the Guarantee of Automobile Accident Compensation Act defines the use or management of a motor vehicle according to its usage regardless of the transport of people or goods. The use of a motor vehicle in accordance with its usage refers to the use of various devices installed in the structure according to its usage for each purpose. Even if the motor vehicle is not in the state of driving, it includes the use of various auxiliary devices such as opening and closing a door in the state of parking and stopping at the front and after the driving of the motor vehicle. Thus, as in this case, in the event the passenger passenger was driven in excess of the vehicle through the open entrance while the bus stops, it cannot be said that the vehicle cannot be operated due to any accident in accordance with the ordinary use of the motor vehicle, or the person who is responsible for the operation of the motor vehicle, among all accidents that occur during the operation of the motor vehicle.

(see, e.g., Supreme Court Decision 93Da595, Aug. 23, 1994). The above legal doctrine is applicable.