logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원부천지원 2016.03.25 2015가단113929
채무부존재확인
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. The Plaintiff asserted that, on July 30, 2014, the Plaintiff’s assertion that: (a) the Plaintiff’s driver employed the Plaintiff Company operated the bus of this case on a normal and continuous basis; (b) there was no negligence in operating the bus that did not perform the duty of safe driving; and (c) the Defendant’s accident, which took place in front of Yangcheon-gu Seoul Metropolitan Government (hereinafter “instant accident”), was caused by the Defendant’s total negligence; and (d) the instant accident, which took place in front of Yangcheon-gu Seoul Metropolitan Government, was not liable for damages caused by the instant accident.

2. Determination as follows: 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 his/her operation, while subparagraph 2 of the proviso provides that in cases of the death or injury of a passenger, liability shall not be granted only when the death or injury was caused by his/her intentional act or suicide in the event of the death or injury of the passenger. 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, unless the passenger asserts or proves that the death or injury was caused by his/her intentional act or suicide;

(2) In light of the aforementioned legal principles and the purport of the entire argument, the following facts can be acknowledged: (a) No. 3 was written on February 28, 2008; and (b) the video verification by this court; and (c) the purport of the entire argument is as follows: (a) the instant accident is acknowledged that the Defendant, a bus passenger, was knife the front straight line B in Yangcheon-gu Seoul Metropolitan Government, which was proceeding from the private distance room to the air transport section; and (b) the instant accident was caused by the operation of the instant bus, and thus, (c) the Plaintiff, the operator of the instant bus, pursuant to Article 3 of the Guarantee of Automobile Accident Compensation Act.

arrow