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(영문) 서울서부지방법원 2019.04.04 2018가단7569
채무부존재확인
Text

1. D Vehicles Co., Ltd., Ltd., on March 19, 2018, at around 16:34, Jung-gu, Seoul, Jung-gu, Seoul, Seoul, Dongdaemun Cultural Park.

Reasons

1. Basic facts

A. The Plaintiff is a mutual aid business entity that entered into a mutual aid agreement with respect to D buses affiliated with C Co., Ltd. (hereinafter “instant buses”).

B. On March 19, 2018, around 16:34, 2018, the bus of this case was driven from the Cheong River Station and Cultural Park in the Cheong River Station and stopped at the Dong River Station and Cultural Park Station and was trying to depart again after passengers were dead. The Defendant did not go to the roadway to get off the bus of this case and the bus of this case in order to get off the bus of this case, and the Defendant was faced with face on the right side of the bus of this case (hereinafter “the instant accident”).

C. The Defendant suffered injury that requires two weeks’ medical treatment, such as salt panscis, panscis, heat panscis, etc., due to the instant accident.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 3, Eul evidence 1, Eul evidence 2-1, Eul evidence 2-2 and the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s instant accident was caused by the Defendant’s total negligence, even though the instant bus was safely entering the bus stops at the time, as it was caused by the Defendant’s failure to keep the center at the end of India for boarding.

Therefore, there is no negligence of the Plaintiff’s driver, and the Plaintiff is not liable for damages caused by traffic accident during the operation of the bus in this case under a mutual aid agreement.

B. As to the instant accident by Defendant, the Plaintiff is liable to compensate the Defendant for the damages caused by the instant accident.

3. The driver of the Plaintiff’s vehicle who is liable for damages did not indicate his intention to board the bus because the Defendant, as a driver of the Plaintiff’s vehicle, has not expressed his intention to board the bus in advance by extending out his arms or

Even if all bus passengers express their intent to take passengers in advance.

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