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(영문) 부산지방법원 2017.04.27 2016나4782
손해배상(기)
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. On July 21, 2015, the Plaintiff boarded B buses owned by the Defendant (hereinafter “instant bus”).

B. At around 22:30 on July 21, 2015, C, the driver of the instant bus, stopped the instant bus at the D apartment bus stop located in Busan Northern-gu, Busan, but the Plaintiff was at the time of an accident that the Plaintiff was getting off the bus and lost its body’s center while getting out of the bus.

(hereinafter “instant accident”). C.

The Plaintiff suffered injuries, such as the relevant confection base, the left-hand shoulder, etc., in need of two weeks of treatment due to the instant accident.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3 (including paper numbers) and the purport of the whole pleadings

2. The Plaintiff’s assertion C, as a driver affiliated with the Defendant, has a duty of care to completely stop the bus at the bus stop and open the rear door so that the passengers can safely get out of the bus, and neglected to stop the bus of this case, thereby causing the Plaintiff to go beyond the Plaintiff’s visibility by wrong manipulation of the bus, thereby causing damage to the Plaintiff and causing damages to the Plaintiff. As such, the Defendant, as a user of C, is liable to pay the Plaintiff a total of KRW 3,280,000 (i.e., sight repair cost of KRW 1,780,500, 1,500,000) and damages for delay.

3. Article 2 subparagraph 2 of the Guarantee of Automobile Accident Compensation Act defines that an automobile is used according to the usage of the device in question, regardless of whether a person or article is transported. The use of the vehicle in accordance with the usage of the device in question refers to the use of various devices installed according to the usage of the device in question for each purpose of the device. Thus, even if a vehicle is not in the state of driving, it is also used as various ancillary devices such as opening and closing a door in the state of parking and stopping at the front and rear stage of the vehicle.

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