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(영문) 부산지방법원 2019.08.16 2019나40741
손해배상(자)
Text

1. The plaintiffs' appeal and the plaintiff A's claim expanded by this court are all dismissed.

2. After filing an appeal.

Reasons

1. The reasons for the court's explanation of this case are as stated in the reasoning of the judgment of the court of first instance, except for the addition of the following "2. Additional Judgment" as to the allegations emphasized or added by the court of first instance, and thus, they are quoted as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Additional determination

A. The plaintiffs' assertion A is a passenger under Article 3 of the Guarantee of Automobile Accident Compensation Act (hereinafter "the Automobile Accident Compensation Act"), who sought to board the vehicle of this case, and the accident of this case occurred due to the operation of the vehicle of this case, and the operator is liable for damages under Article 3 of the Automobile Accident Compensation Act, and the defendant is liable as a mutual aid business operator of the vehicle of this case.

B. Determination 1 as to whether Plaintiff A constitutes a passenger under the proviso of Article 3 (2) of the Automobile Loss Act refers to a person boarding a vehicle with the explicit and implied consent of the operator. The purpose of the above provision is to control the operation of the vehicle and to have the operator accept the passenger within the scope of direct danger of the vehicle without asking for any damage to all passengers, including the passenger, without compensation, by obtaining the driver’s consent explicitly and implicitly from the passenger on his/her platform. Thus, a person inside the vehicle cannot be deemed to be a passenger, and a person who does not go beyond the scope of direct danger of the vehicle in operation, even if the vehicle was temporarily parked on the vehicle in operation, can maintain the status of the passenger. Determination as to whether the vehicle falls under the scope of direct danger of the vehicle in operation. In full view of all the circumstances such as the operator and the passenger’s intent, the reason why the vehicle was loaded, time after the passage of the vehicle, the nature of the place where the vehicle stops and stops, and the location of the accident.

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