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(영문) 부산지방법원 2017.04.27 2016가단319636
채무부존재확인
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The Plaintiff asserted that, on April 17, 2016, a driver employed by the Plaintiff Company operated B urban bus (hereinafter “instant bus”) around 17:45, the Plaintiff was not negligent in operating the bus in a normal and ordinary manner, and there was no negligence in failing to perform his/her duty of safe driving. The Defendant’s loss of the instant bus, which was going beyond that of Busan Young-ro 99-ro 2, was caused by the Defendant’s total negligence. Thus, the Plaintiff asserted that the instant accident was not liable for damages caused by the instant accident.

2. Article 3 of the Guarantee of Automobile Accident Compensation Act provides that a person who operates an automobile for his/her own sake shall be liable to compensate for damage caused by the death or injury of another person caused by the operation of the automobile concerned, while subparagraph 2 of the proviso provides that in cases of the death or injury of a passenger, he/she shall not be liable only when the death or injury was caused by his/her intentional act or suicide. In cases of the death or injury of the passenger due to an automobile accident, the operator shall be liable to compensate for the damage caused by the death or injury of the passenger without his/her negligence, unless the passenger asserts and proves that the death or injury was caused by his/her intentional act or suicide;

(Supreme Court Decision 2006Da18303 Decided February 28, 2008). In full view of the overall purport of the pleadings in the records and images (including the number of paper numbers) Nos. 2 and 3, the accident of this case can be acknowledged that the Defendant, a bus passenger, i.e., the bus passenger of this case, knife from the middle part of the bus of this case, which was driven by the knife of the knife in the middle part of the bus of this case, which was driven by the knife of the knife of the knife of the knife of the knife-ro 99, Taedo-gu, Busan.

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