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(영문) 부산고등법원 2017.07.13 2016나56519
채무부존재확인
Text

1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a mutual aid business entity that entered into a motor vehicle mutual aid agreement with the self-employed passenger corporation and its owner B 161 city buses (hereinafter “instant city buses”).

B. On January 28, 2015, at around 16:05:28, the Defendant was on board the instant urban bus driven by a driver C who belongs to the Young Passenger Co., Ltd. to move to the seat of the deceased-gu Office.

The urban bus stops around 16:18:43 on the same day (hereinafter referred to as the “instant stop”) due to signal traffic at the intersection of the office of thought-gu Office, and stopped at around 16:19:34 on the same day, and stopped at around 16:19:55 on the same day at the stop of the office of thought-gu, and the Defendant lowered around that time.

[Ground of recognition] Facts without dispute, Gap evidence 1-2, Eul evidence 7, Eul evidence 8, Eul evidence 6-1 and Eul evidence 6-2, the purport of the whole pleadings

2. The parties' assertion and judgment

A. On January 28, 2015, the gist of the Plaintiff’s assertion 1) was that the Defendant was faced with the lower door of the bus at issue due to the operation of the bus of this case on or around 16:20 on January 28, 2015. Even if the accident occurred, it is due to the Defendant’s unilateral negligence. Therefore, even if the Plaintiff, a bus mutual aid business operator, is not liable for the payment of mutual aid money to the Defendant. Therefore, the Plaintiff, as a bus mutual aid business operator, is not liable for the payment of mutual aid money to the Defendant. 2) The Defendant was injured on the right side of the Defendant due to the sudden driving, such as the sudden operation of the bus C’s water supply system, etc., due

B. Determination 1 The following are the following: (a) whether the instant bus operation occurred or not; (b) evidence of the accident; and (c) evidence of the instant bus operation 5; (d) evidence of No. 2-1, 2, 3; and (e) evidence No. 4-1 to 4; and (e) evidence No. 1, 2, 4, 9; and (e) evidence No. 5-1 and video No. 5-2.

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