채무부존재확인
1. The Plaintiff’s damage liability against the Defendants in relation to the traffic accident stated in the separate sheet is KRW 150,000, respectively.
1. The facts that there is no dispute between the parties to the basic facts, as well as the entries in Gap evidence 1 and Eul evidence 1, and the purport of the whole pleadings, it is recognized that the defendant Eul dong and operated by the defendant Eul (hereinafter "the defendant vehicle") was in the atmosphere of the signal signal from 12:30, Sep. 19, 2017, 201, the plaintiff's city bus (D; hereinafter "the plaintiff vehicle") who was in the traffic signal from the defendant vehicle behind the defendant vehicle was in the atmosphere of the signal from 12:30, Kimpo-si, Kimpo-si, 9, 8-16, and 16, and that the accident in the separate sheet (hereinafter "the accident in this case") with sufficient parts of the back of the defendant vehicle was occurred.
2. The parties' assertion
A. The Plaintiff asserts to the effect that the instant accident does not exist as a result of the minor accident.
B. On the other hand, the Defendants asserted that the Plaintiff is liable to pay the Defendant A totaling KRW 2,646,00 (= KRW 1,840,000 for temporary closure damage of KRW 1,840,000 for the eight-day period), KRW 56,00 for future medical expenses of KRW 150,000 for future medical expenses), and KRW 922,000 for Defendant B (== KRW 72,000 for general medical expenses of KRW 72,00 for future medical expenses of KRW 70,000 for future medical expenses of KRW 150,000 for the eight-day period).
3. Determination
A. In principle, the main text of Article 3 of the Guarantee of Automobile Accident Compensation Act provides that “When a person who operates an automobile for his/her own sake has killed or injured another person due to the operation thereof, he/she shall be liable to compensate for the damages therefrom.” However, in a lawsuit seeking confirmation of the existence of a pecuniary obligation, if the plaintiff, who is the debtor, claims first to deny the fact that the cause of the occurrence of the obligation occurred by specifying the claim first, the defendant, the creditor, bears the responsibility to assert and prove the facts constituting the elements of the legal relationship (see, e.g., Supreme Court Decision 97Da45259, Mar. 13, 1998). Therefore, the defendants are liable to compensate for the specific amount of damages arising from