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(영문) 부산지방법원 2018.11.29 2018가단326065
손해배상(자)
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. On March 13, 2017, around 11:34, the Plaintiff suffered an injury, such as a string, a frame, and a power-based wave, etc., on the following grounds: (a) a driver affiliated with Defendant Han Chang-gu Passenger Co., Ltd. was operated by the Plaintiff; (b) a bus stop located in the bus stops located in Seocheon-gu Busan Metropolitan City, Seocheon-gu, Busan; and (c) a bus stops located in the bus stops located in Seocheon-gu, Seocheon-gu, Busan; and (d) a bus droped along with a son who was inside the bus string, with a son who was inside the bus

(hereinafter “instant accident”). (b)

The defendant Han Chang Passenger Co., Ltd is the user of the above driver, and the defendant Han Chang Passenger Co., Ltd. is the mutual aid company for the above bus.

[Ground of Recognition] Unsatisfy, Gap evidence 1 to 3, Eul evidence 1-1, and images

2. Summary of the Plaintiff’s assertion and its determination

A. The main point of the argument is that the accident of this case was caused by the mistake of bus drivers who stopped on a lane or a road where the bus was stopped at the bus stop near India, as well as that of the bus drivers who stopped on a lane or a road where the above bus was not parked. Therefore, the defendant company as the operator of the above bus is liable to compensate for the damages equivalent to the purport of the claim suffered by the plaintiff jointly with the person who entered into a mutual aid agreement.

B. According to the main text of Article 3 and Article 2 subparagraph 2 of the Guarantee of Automobile Accident Compensation Act, a person who operates an automobile for his own sake is liable for damages when he dies or gets injured by another person due to his operation, and the term "operation" refers to the use or management of the automobile according to its usage, regardless of whether or not the person or the article is transported. Here, the term "use of the automobile" refers to the use of various devices installed in the structure according to the purpose of the automobile according to its use for each device. Thus, the automobile is not in the state of driving.

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