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(영문) 서울북부지방법원 2014.10.16 2014가단6104
손해배상(자)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On December 26, 2013, Nonparty B driven a bus C (hereinafter “instant bus”) around 21:45 on December 26, 2013, and stopped a vehicle at the bus stops in the bus stops in front of 7520, Seoul Special Metropolitan City, Nowon-gu, Seoul, and the Plaintiff suffered injury, such as a frame 1 and a brain, etc.

(hereinafter “instant accident”). (b)

The defendant is a mutual aid business operator who has entered into a mutual aid contract for the accident vehicle.

[Ground of recognition] Facts that there is no dispute or do not clearly dispute, Gap evidence 2, 3, the purport of the whole argument

2. Existence of liability for damages

A. The Plaintiff’s assertion (i.e., the Plaintiff’s driver of the bus in this case) stopped the bus in this case at the time of the instant accident, and as a result, the Plaintiff, who was leaving the bus in this case, was injured in excess of its center.

Therefore, the Defendant, who is a mutual aid business entity of the bus of this case, is liable for damages to the Plaintiff pursuant to the Guarantee of Automobile Accident Compensation Act. The Defendant is obligated to pay the Plaintiff the sum of KRW 17,450,010,000,000,000,000,000,000,000,000,000.

The instant accident alleged by the Defendant is an accident during operation, but it is not an accident that occurred due to operation, and the Defendant is not responsible for the instant accident.

B. The term "operation" under Article 2 subparagraph 2 of the Guarantee of Automobile Accident Compensation Act means the use of an automobile in accordance with the usage of the device in question, regardless of whether a person or an article is transported. The use of an automobile in accordance with the usage of the device in question refers to the use of various devices installed in the structure according to the usage of the vehicle in question for each purpose of the device. Even if a vehicle is not in the state of driving, it uses various ancillary devices such as opening and closing a door in the state of parking or stopping at the front and rear stage of the vehicle.

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