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(영문) 인천지방법원 부천지원 2021.01.12 2019가단20308
채무부존재확인
Text

1. With respect to an accident described in the attached list, the obligation to compensate the Plaintiff (Counterclaim Defendant) for damages against the Defendant (Counterclaim Plaintiff) on March 35.

Reasons

1. The parties' assertion, etc. as to the principal lawsuit and counterclaim;

A. On January 29, 2019, around 15:37, 2019, the Plaintiff’s argument that the instant bus was driven by the F bus (hereinafter “instant bus”) near the bus stops in Kimpo-si, Kimpo-si (hereinafter “instant bus stops”), and the Defendant who was aboard the instant bus was trying to get off the instant bus at the instant bus stops, and the instant accident that was going beyond the floor was occurred.

D, a driver, performed his duty of care, such as examining the safety of passengers in the bus of this case and complying with the duty of care on the front side. However, the accident of this case occurred due to the negligence that the Defendant moved without taking a measure, such as the loss incurred by himself in the bus of this case during his driving.

Therefore, the instant accident was entirely caused by the Defendant’s negligence, and there was no negligence on the part of the driver of the instant bus. Therefore, there is no liability for damages to the Defendant, who is a transport service provider holding the instant bus, due to the instant accident.

B. The defendant's argument about the counterclaim violated his duty of care to look at the safety of the defendant, a passenger who was employed to get off the bus of this case at a sufficient distance prior to stopping at the bus stop of this case, and thereby, the accident of this case occurred. Pursuant to Article 3 of the Guarantee of Automobile Compensation Act (hereinafter "Act on the Loss of Motor Vehicles"), the plaintiff is liable to compensate for all damages suffered by the defendant due to the accident of this case.

Therefore, the Plaintiff is liable for damages arising from the instant accident to the Defendant (i) KRW 23,304,715, ② KRW 2,179,438, KRW 11,288,430, KRW 46,72,5830, KRW 10,000, KRW 46,772,5830, KRW 10,000, KRW 23,304, KRW 715, KRW 2,179,438, KRW 11,288.

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