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(영문) 인천지방법원부천지원 2015.01.14 2014가단32108
채무부존재확인
Text

1. On March 29, 2014, between B and B, around 17:00, the urban bus stops in the process of stopping at a stop of 239 front to the long-term urban bus located in Bupyeong-si.

Reasons

1. Basic facts

A. The Plaintiff is a company operating B urban bus (hereinafter “instant bus”) and the Defendant is a passenger of the said bus.

B. At around 17:00 on March 29, 2014, C, a driver of the bus of this case, stopped at the bus stops in front of 239:3, the speed of the bus of this case at the time of the bus of this case, while driving the bus of this case. At the time of the bus of this case, C, a driver of the bus of this case, was in excess of what occurred to get off the bus of this case at the bus of this case. The Defendant suffered from the frames of the 1st century, the fright, etc.

(hereinafter referred to as the "accident of this case"). 【No dispute exists, entry of Eul Nos. 1 through 17 (including serial numbers; hereinafter the same shall apply), the result of the verification by this court, the purport of the whole pleadings.

2. The party's assertion and judgment

A. The Plaintiff asserted that, at the time of the instant case, C, a driver of the instant bus, was not liable for damages due to the instant accident, since C, a driver of the instant bus, was stopped at a speed of 3 to 5 km per hour with due care and did not have been negligent.

At the time of the instant case, the Defendant: (a) was to catch and work the pole of the instant bus; (b) the instant bus was rapidly parked and the Defendant was faced with the instant accident; and (c) accordingly, paid the medical expenses of KRW 15,868,582; and (d) accordingly, the Plaintiff is obliged to pay the Defendant KRW 10,000,000 for compensation for damages arising from the instant accident.

B. 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 damages if he/she has killed or injured another person due to his/her operation.” Article 3 of the same Act provides that “Where a passenger has killed or injured a person due to his/her intentional act or suicide,” an automobile operator shall be liable to compensate for such damages.

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