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(영문) 인천지방법원 2017.02.07 2016가단34976

채무부존재확인

Text

1. On March 28, 2016, the Plaintiff against the Defendant in relation to the vehicle accident between C and D vehicles that occurred on March 28, 2016.

Reasons

1. Basic facts

A. The Plaintiff is the driver of the C-Motor vehicle (hereinafter “Plaintiff-motor vehicle”), and the Defendant is the driver of the D-motor vehicle (hereinafter “Defendant-motor vehicle”).

B. Around 19:14 March 28, 2016, the Plaintiff’s Plaintiff’s vehicle was faced with the Defendant’s vehicle immediately before the instant private distance from the point of active service on the street of the 743-2 street, Nam-dong, Nam-gu, Incheon Metropolitan City.

(hereinafter “instant traffic accident”). C.

On March 31, 2016, after the instant accident, the Defendant issued a medical certificate to the effect that “the Defendant requires medical treatment for two weeks from March 30, 2016 to December 31, 2016 in the Nam-gu Incheon E Hospital (Medical Doctor G) located in Nam-gu, Incheon.”

【Reasons for Recognition: Statement No. 1-1 of Evidence No. B and the purport of the whole pleadings】

2. The Plaintiff’s summary of the instant accident occurred immediately after the Plaintiff stops on the right-hand side of the running direction in order to drive the vehicle, and at the time, the running lane of the Defendant vehicle was also in a state where the communication of the vehicle is not smooth due to the vehicle stop.

Therefore, it cannot be deemed that the Defendant suffered bodily injury due to the instant accident, because the shock caused to the Defendant is very insignificant due to the instant accident, and the Defendant’s vehicle cannot be deemed to have been damaged.

However, the defendant requires large amount of damages on the ground of the accident of this case, so the plaintiff is seeking confirmation of existence of liability due to the accident of this case in order to eliminate the uncertainty of legal status.

3. Determination

A. In a lawsuit seeking confirmation of existence of a pecuniary obligation, if the plaintiff, who is the debtor, claims to deny the fact that the cause of the obligation occurred by specifying the first claim, the defendant, the creditor, bears the burden of proving the facts that the legal relationship exists.

(See Supreme Court Decision 97Da45259 delivered on March 13, 1998). B.

However, the defendant does not have any assertion about his damage claim amount.