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(영문) 서울남부지방법원 2018.08.23 2016가단27898
채무부존재확인
Text

1. On January 27, 2016, 16:30, Yeongdeungpo-gu, Yeongdeungpo-gu, Yeongdeungpo-gu, Seoul, 214, entered the bus stops prior to the Simsan (U.S.).

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. The Plaintiff, as a route bus transport business entity, owns B-vehicles (hereinafter “Plaintiff bus”).

② On January 27, 2016, Plaintiff bus drivers C driven Plaintiff bus at around 16:20 (16:25 the time indicated on the black stuff images loaded on Plaintiff bus) and left the left at the direction of the bus stop in the direction of the bus stop, and followed up to the bus stop.

③ The Defendant moved to a seat on the side of the third round of the bus following the Plaintiff bus driver’s seat, moving to the left hand that may occur on the left hand, and walked in the rear direction of the bus.

④ 그러던 중 원고 버스가 정차하기 위하여 속도를 줄이자 버스 내 관성력으로 버스 앞 방향으로 몸이 쏠리면서 운전석 뒤 두 번째 좌석 근처까지 뒷걸음질로 밀리다가 중심을 잃고 오른편으로 엉덩방아를 찧으면서 넘어졌다.

In the instant accident, the Defendant suffered injury, such as the pressure pressure pressure of the second Twitter.

(hereinafter referred to as “instant accident”) / [Grounds for recognition] The fact that there is no dispute, Gap evidence 1, 2, Eul evidence 1, and the purport of the whole pleadings.

2. Restrictions on occurrence and liability of the Plaintiff’s damage liability

A. According to the fact of recognition as above, the accident of this case occurred while the defendant moved to get off the plaintiff bus before the plaintiff bus stops, so it should be deemed that the accident of this case occurred due to the operation of the plaintiff bus.

Therefore, barring special circumstances, the Plaintiff, who is the operator of the Plaintiff bus, is liable for damages pursuant to Article 3 of the Guarantee of Automobile Accident Compensation Act.

The plaintiff asserts that there was no sudden stop and rapid departure of the plaintiff bus, and that there was no negligence in operation because of the fact that there was a shaking of daily properties due to the characteristics of bus operation. However, the defendant is stipulated in the proviso of Article 3 of the Guarantee of Automobile Accident Compensation Act.

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