beta
(영문) 서울남부지방법원 2020.11.10 2019가합109804

채무부존재확인

Text

1. The “D” written between the Plaintiff (Counterclaim Defendant) and the Defendant (Counterclaim Plaintiff) is located in Dongjak-gu Seoul Metropolitan Government and the fourth floor.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The Plaintiff is taking lessons with the trade name “D” on the Dongjak-gu Seoul Metropolitan Government C and the fourth floor.

From February 7, 2019 to April 22, 2019, the Defendant received 1:1 Subdivision from the Plaintiff’s employee (hereinafter “instant pedago lessons”) at the pedago teaching school operated by the Plaintiff on 12 occasions.

B. On April 29, 2019, the Defendant: (a) taken RoI’s photographs to the E Hospital; (b) received the diagnosis of emeral emeral emeral emeral emeral emeral emeral emeral emeral emeral emeral emeral emeral emeral emeral e

C. The appraisal of this Court’s physical appraisal is expected to lose 10% of its temporary labor capacity for one year after the surgery by applying mutatis mutandis paragraph 2-3. In the case of the right, it is expected that 10% of its temporary labor capacity will be lost for one year after the surgery by applying mutatis mutandis paragraph 2-3.

[Reasons for Recognition] Facts without dispute, entry of Eul Nos. 1, 7, 10, 11, and 12 (including the number number; hereinafter the same shall apply)

2. The parties' assertion

A. The injury of this case asserted by the plaintiff cannot be deemed to have occurred in relation to the lessons of this case, and it was caused by the defendant's king certificate.

Since the defendant claims damages against the plaintiff, it is sought to confirm that the plaintiff has no liability to compensate for damages against the defendant with respect to the lessons of this case.

B. The Defendant’s assertion and the Plaintiff’s employee, who was the Plaintiff’s employee, did not take into account the Defendant’s knenee condition, and the instant injury occurred by teaching the instant knee, and the Plaintiff, the employer, bears the employer’s responsibility under Article 756 of the Civil Act.

Therefore, the defendant is liable for damages to the plaintiff.

참조조문