The judgment of the first instance is modified as follows.

A list of the Plaintiffs (Counterclaim Defendant) with respect to the Defendant (Counterclaim Plaintiff) is recorded.

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. The grounds for this part of the judgment of the court are stated in the reasoning of the judgment of the court of first instance.

(main sentence of Article 420 of the Civil Procedure Act).

A. At the time of entering the platform of this case, the Plaintiff asserted that the bus of this case was parked at a reasonable distance of not less than 30 cm and not less than 40 cm with the sidewalk that the passengers left and stopped at low speed. Since the bus of this case was derived from approximately 20 cm from the vehicle, it is impossible for the Plaintiff to shock the Defendant, which the bus of this case was located on the sidewalk.

Considering the above circumstances, it cannot be deemed that the defendant's head, as alleged by the defendant, was involved in an accident that gets at the right side of the bus of this case standing on the platform of this case (hereinafter "the accident of this case"). Even if the accident of this case actually occurred, such accident is not caused by the negligence of the bus driver of this case, but caused a sudden behavior that the defendant gets at the right side of the bus of this case.

Therefore, the plaintiff is not liable for damages against the defendant due to the accident of this case, as alleged by the defendant. As the principal lawsuit, the plaintiff seeks confirmation of the existence of the obligation, such as the purport of the claim in the principal lawsuit.

B. In light of the Defendant’s assertion, the height of the sidewalk, and the location where the bus is installed between the right side of the bus of this case, it is sufficient that the Defendant may face with the right side of the bus of this case. The Defendant did not have any presence at all at the place where the bus of this case was located at the time of entering the platform of this case, and the accident of this case was caused by the negligence of the bus driver of this case.

Therefore, the Plaintiff, who is the operator of the instant bus, is liable for damages to the Defendant pursuant to Article 3 of the Guarantee of Automobile Accident Compensation Act.