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(영문) 부산지방법원 2017.08.08 2016가단352268
채무부존재확인
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. On August 19, 2016, the Plaintiff asserted that the Defendant: (a) boarded a bus bus owned by C, a new passenger company (hereinafter “instant bus”); (b) was trying to get off at the vicinity of the destination; and (c) was inflicted an injury by breaking the right shoulder on the bus’s safety sealing installed adjacent to the seat; (d) it is unclear that the Defendant was actually faced with the bus’s safety sealing; (b) it is unclear that the Defendant was facing the right shoulder; and (c) the operator of the instant bus was not negligent in operating the bus on the bus, and therefore, there was no sudden operation or sudden reduction in the operation of the instant bus.

Therefore, the plaintiff, who is a mutual aid business for the bus of this case, does not have the duty of mutual aid payment in relation to the injury suffered by the defendant.

2. 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 caused by the death or injury of another person caused by the operation of the automobile concerned, while subparagraph 2 of the proviso provides that in cases of the death or injury of a passenger, he/she shall not be liable only when the death or injury was caused by his/her intentional act or suicide. In cases of the death or injury of the passenger due to an automobile accident, the operator shall be liable to compensate for the damage caused by the death or injury of the passenger without his/her negligence, unless the passenger asserts and proves that the death or injury was caused by his/her intentional act or suicide;

(Supreme Court Decision 2006Da18303 Decided February 28, 2008). Each description and image of Gap evidence Nos. 1 through 5 (including numbers), D General Hospital, and E Hospital, each fact-finding result, which can be acknowledged by comprehensively considering the overall purport of the pleadings, namely, the following circumstances, the defendant is going to board the bus of this case around August 19, 201, around 21:50.

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