채무부존재확인
1. On February 19, 2019, the Plaintiff against the Defendant in relation to the accident that occurred in the Domine House in Western-si, Seopo-si.
In a lawsuit to confirm the existence of an obligation, if the plaintiff, who is the debtor, denies the facts causing the obligation by specifying the first claim, the defendant, who is the creditor, shall bear the burden of proving the facts requiring the legal relationship.
(See Supreme Court Decision 97Da45259 delivered on March 13, 1998, etc.). In this case, the Plaintiff denied the Plaintiff’s liability relating to the accident described in the disposition. As such, the Plaintiff’s liability relating to the occurrence and scope of the Plaintiff’s liability relating to the said accident is asserted and proved by the Defendant.
The defendant asserts that he was injured by the shoulder, etc. due to the activities of the first responder belonging to the plaintiff, and there is no evidence to support this, and the defendant did not appear on the date of pleading and the date of conciliation in this case.
Therefore, the plaintiff's liability for damages against the defendant related to the accident described in the order does not exist, and as long as the defendant contests this, the plaintiff has a benefit to seek confirmation of the existence of his/her obligation.
Therefore, the plaintiff's claim of this case is reasonable, and it is so decided as per Disposition.