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(영문) 서울고등법원 2016.11.08 2016나2046541
채무부존재확인
Text

1. All appeals filed by the Defendant (Counterclaim Plaintiff) against the instant principal lawsuit and counterclaim are dismissed.

2. The costs of appeal shall be the principal lawsuit.

Reasons

1. The grounds for a judgment of the first instance shall be quoted for this judgment pursuant to the main sentence of Article 420 of the Civil Procedure Act citing the judgment of the first instance;

However, some of the following shall be used, and the judgment on whether the bus driver C was negligent shall be added.

2. On the 2th judgment of the first instance court, the part to be solided, the 3rd judgment of the first instance court, followed by the “niver of India” at the edge of India.

On the 3th judgment of the first instance court, the "inside wall wall" of the 2nd judgment shall be filled with "in the inside wall" with "in the inside wall."

3. The Defendant asserts that the instant accident was caused by negligence, etc. that was not entered the bus stops immediately or without entering the bus stops at a reasonable distance from the Defendant, even though the instant bus driver discovered the Defendant, and thus, the Plaintiff cannot be exempted from liability.

However, it is reasonable to deem that C was not negligent in the occurrence of the instant accident, taking into account the following circumstances, in light of the developments leading up to the instant accident, the point where the accident occurred, the progress of the instant bus at the time of the accident, etc.: (a) that the Defendant, who was at the edge of delivery, was at the time of the instant accident, could not have been anticipated to have been suddenly lowered to the vehicular road where the bus is passing in the future; (b) that C, immediately before the instant accident, would have been at sufficient intervals between the bus and delivery when entering the bus stop after the arrival of the location where the Defendant was at the time of the instant bus stop; and (c) even if the Defendant was under the influence of alcohol at the time of the instant accident, C, who was driving the instant bus at night, could not have been able to grasp such circumstances of the Defendant.

4. The judgment of the first instance court at the conclusion is justifiable.

All appeals against the principal lawsuit and counterclaim of the Defendant are dismissed.

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