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(영문) 수원지방법원 성남지원 2018.03.20 2017가합404142
채무부존재확인
Text

1. Around 15:50 on March 17, 2017, occurred at a stop in front of the bank located in the 75-ro of Sungnam-si.

Reasons

1. Facts of recognition;

A. The Plaintiff is an owner of a village bus B (hereinafter referred to as “Plaintiff-vehicle”), who is a company with the purpose of passenger transport business and village bus transport business, and C is an employee of the Plaintiff.

B. C, around 15:50 on March 17, 2017, driven the Plaintiff’s vehicle and stopped in front of the bus stops in front of the Korean bank located in the 75-ro of Sungnam-si, Sungnam-si, but all passengers closed the front and rear door.

However, immediately after the departure of the Plaintiff’s vehicle, the part of the bridge to the right side of the wind of the Plaintiff’s vehicle, which the Defendant attempted to board the Plaintiff’s vehicle, went beyond India, was facing the right side of the Plaintiff’s vehicle.

(hereinafter “instant accident”). C.

The defendant suffered injuries, such as the right-hand pelpel and open frameworks, due to the accident in this case.

[Ground of recognition] Evidence A Nos. 1, 2, evidence Nos. 1-3 through 8, evidence Nos. 2-1 and 2-2, and the purport of the whole pleadings

2. The parties' assertion

A. While the Plaintiff’s assertion C starts driving the Plaintiff’s vehicle and proceeds normally, the Defendant exceeded the back wheels of the Plaintiff’s vehicle, and C did not appear at the time of the instant accident.

In addition, after the plaintiff's vehicle had already started, the defendant was cut down with the back wheel part of the plaintiff's vehicle, and C could not have predicted the accident of this case and could not avoid it.

Therefore, the accident of this case is an accident caused by the negligence of the defendant, not the negligence of C, and there is no obligation of the plaintiff to pay damages to the defendant.

B. The defendant's alleged village bus driver C, when stopping at a stopping place, can see passengers who want to board the plaintiff's vehicle. Thus, before departure of the plaintiff's vehicle, the defendant's duty to sufficiently examine whether passengers who want to board the plaintiff's vehicle in the vicinity of the stopping place.

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