1. Revocation of a judgment of the first instance;

2. The instant lawsuit shall be dismissed.

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

1. Judgment on the defendant's main defense of safety

A. The defendant asserts that the lawsuit of this case filed against the defendant is unlawful, because it is merely an affiliated organization under the National Federation of Bus Transport Business Associations (hereinafter referred to as the "Federation") and it is not a party's ability.

B. Article 52 of the Civil Procedure Act recognizes the capacity of a non-corporate company as a party to an association, not a juristic person, with the substance of an association as its representative or manager, and where social activities or transactions are conducted through its representative or manager, disputes arising therefrom shall be resolved by the organization as a party to a lawsuit in its own name. Thus, an association referred to in this context refers to a group of multiple persons organized for a certain purpose, with a provision regarding an organization externally representing an association. Even if one of the subordinate organizations of an association is an entity of an association, if it has the substance as above and is performing its own activities, it shall be deemed an independent non-corporate group separate from the association.

(See Supreme Court Decision 2002Da59337 delivered on April 11, 2003, etc.). The following circumstances, which are acknowledged as comprehensively considering the overall purport of pleadings in the items in the evidence Nos. 2 and 3, are as follows: ① the defendant is not a corporation that has completed the establishment registration; ② the federation is one of the establishment purposes of the mutual aid project under Article 61 of the Passenger Transport Service Act; ③ the head office of the National Federation of Bus Transport Business Associations shall be located at the seat of the federation; ③ the branch offices of the City/Do business cooperative; the executive officers of the said mutual aid association shall be appointed by the Chairperson of the Federation following the resolution of the Steering Committee; ④ the president of the said mutual aid association shall be comprehensively executed in accordance with the regulations on the affairs of the mutual aid association, such as appointment and dismissal of executive officers; the establishment of a plan for mutual aid projects; and the execution of budget and settlement