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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. Basic facts
A. On October 18, 2014, at around 00:05, the Plaintiff-affiliated bus driver C driven the Plaintiff’s bus number B (hereinafter “Plaintiff bus”) and driven the Plaintiff’s bus (hereinafter “Plaintiff bus”) and caused an accident listed in the separate sheet (hereinafter “instant accident”).
B. The Defendant received hospitalized treatment due to an accident in the instant case, after suffering from an injury, such as an injury to sexual intercourse, etc.
[Ground of recognition] Gap evidence 2, Gap evidence 4-3, 6, and 7-2. The parties' assertion
A. The Plaintiff’s assertion was caused by the Defendant’s intentional or negligent act, and the bus driver did not neglect to pay attention to the operation, and there was no particular defect in the automobile.
Therefore, the Plaintiff, a motor vehicle operator, did not compensate for the instant accident.
B. If the Defendant’s assertion C had taken place thoroughly at the front time, it could avoid the collision with the Defendant by discovering and slowly driving the Defendant located in the safety zone between the bus exclusive lane and the two-lanes. As such, C’s negligence in the instant accident is attributable to C.
3. Determination
A. The main sentence of Article 3 of the Guarantee of Automobile Accident Compensation Act provides that "a person who operates an automobile for his/her own sake shall be liable to compensate for damage if he/she has killed or injured another person due to the operation of the automobile," and provides that a driver shall not be negligent in paying attention to the operation of the automobile: Provided, That this shall not apply to cases where a person who is not a passenger has died or injured, and he/she has not been negligent in paying attention to the operation of the automobile, and where he/she proves that a victim or a third person other than his/her own and driver has not caused any defect in the structure or functional impairment of the automobile, and that a pedestrian or a passenger other than his/her own driver has been killed or injured."