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(영문) 인천지방법원부천지원 2015.01.14 2014가단30843
채무부존재확인
Text

1. On June 25, 2014, at around 21:15, B stops at a designated stop in front of the 246 Sowing-gu, Nowon-gu, Seoul Special Metropolitan City.

Reasons

1. Basic facts

A. The Plaintiff is a company operating B urban bus (hereinafter “instant bus”) and the Defendant is a passenger of the said bus.

B. At around 21:15, June 25, 2014, C, who is a driver of the instant bus, stopped at the speed of the instant bus for the purpose of stopping at the designated stop in front of the So-gu Seoul Metropolitan City, Seocheon-gu, So-gu, 246, while driving the instant bus.

C. The Defendant, at the time, was seated in the back line of the bus of this case and fell down before the bus of this case completely stops, and knee was faced with knee in the seat in the bus of this case.

(hereinafter referred to as “instant accident”). [Grounds for recognition] Nos. 1 to 3, each entry of evidence Nos. 1 to 3, the result of the verification by this court, the purport of the whole pleadings.

2. The party's assertion and judgment

A. The plaintiff asserts that since C, a driver of the bus of this case, was not negligent in relation to the occurrence of the accident of this case, the plaintiff asserts that there is no liability for damages against the defendant due to the accident of this case.

The Defendant asserted that the instant accident occurred due to the negligence of the driver of the bus of this case, and that the Defendant incurred losses of medical expenses of KRW 804,000, and of KRW 1,280,000 ( KRW 80,000 x 16 days) due to the instant accident, the Plaintiff is obligated to pay the Defendant a total of KRW 2,084,000 and KRW 640,000.

B. Article 3 of the Guarantee of Automobile Accident Compensation Act provides that “When a person who operates an automobile for his own sake has killed or injured another person due to his/her operation, he/she shall be liable to compensate for the damage.” Article 3 of the same Act provides that “Where a passenger has killed or injured a person due to his/her intentional act or suicide,” an automobile operator shall not be liable to compensate for the damage.”

According to the above facts, the above facts are examined.

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