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(영문) 부산지방법원 2016.08.10 2015가합47160
채무부존재확인
Text

1. On January 28, 2015, in relation to the operation of B buses in the vicinity of the bus stops in front of the Office of the State of the State of the State of the State of Busan, Busan, around 16:20.

Reasons

1. Basic facts

A. On January 28, 2015, around 16:16:16:20, the Defendant was boarding the bus No. 161 of Young Passenger B (hereinafter “instant bus”) of C driving, and was seated in the second second seat on the front side of the bus stop in front of the death and injury-gu Office of Busan. In order for the instant bus to enter the front bus stop in front of the death and injury-gu Office of Busan, the Defendant moved from the intersection of the death and injury-gu office to the rear door that occurred at the seat of 16:18:44:0,00, when the instant bus was stopped due to signal, and turned down the bus to the rear door that occurred at the seat of 16:16:20:54:0,000.

B. On February 2, 2015, the Defendant was diagnosed by the D Hospital that it requires two-day medical treatment due to the right pleke, stroke, stroke, and strokeum salt (hereinafter “the instant injury”), and thereafter received medical treatment at the D Hospital.

C. The Plaintiff is a mutual aid business operator who entered into a motor vehicle mutual aid agreement with the Young Passenger Co., Ltd., the owner of the instant bus.

[Ground of recognition] Facts without dispute, Gap evidence 2, 3, and 4 (including branch numbers for those with additional numbers; hereinafter the same shall apply), Eul evidence 1, 2, and 3, Gap evidence 1, the video and the purport of the whole pleadings

2. The assertion and judgment

A. On January 28, 2015, the Plaintiff asserted that: (a) around 16:20 on January 28, 2015, the operation of the bus of this case did not faced with the Defendant’s lower door of safety salary; (b) even if the above accident occurred, the above accident occurred only due to the Defendant’s unilateral negligence; and (c) the Plaintiff, a mutual aid business operator for the bus of this case, did not be liable to pay the mutual aid money to the Defendant; (b) the Defendant, as to this, caused an accident where the Defendant’s right side and chest was faced with the lower door of the bus due to the sudden driving, such as the sudden operation of C, a bus driver of this case, caused the injury of this case, and thus, the bus of this case.

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