채무부존재확인
1. The Plaintiff’s liability for damages against the Defendant regarding an accident listed in the separate sheet is KRW 277,622 and this is against this.
The defendant, on June 11, 2020, was on the 4-ro 288 of the 01:0 Kimpo-si, Kimpo-si, Kimpo-si, which was operated by the plaintiff as a trucking service provider, and the accident of this case, such as the attached list, where the speed is reduced and the body is pushed down in the course of stopping the bus at the mother bus stop.
On June 11, 2020, the Defendant was hospitalized into G hospital for 9 days. The Defendant was diagnosed at the mort, mort, mort kne’s base and tension, knee’s base and tension, knee’s kne’s base and kne’s kne’s base and kne’s kne’s kne’s kne’
[Reasons for Recognition] The judgment on the non-contentious facts, Gap's evidence 1, 2, Eul's evidence 1 and 2, and the ground for appeal as a whole
A. In a lawsuit seeking confirmation of non-existence of a monetary obligation that has arisen, if the plaintiff, who is the debtor, claims the first time to deny the fact of the occurrence of the obligation by specifying the fact of the occurrence of the obligation, the defendant is liable to assert and prove the facts of the legal relationship (see, e.g., Supreme Court Decision 97Da45259, Mar. 13, 1998). Meanwhile, Article 3 of the Guarantee of Automobile Compensation Act provides that a person who operates an automobile on his/her own behalf, shall be liable to compensate for the damage in cases where the plaintiff has killed
Provided, That this shall not apply where a passenger dies or is injured by an intentional suicide.
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The above provisions are more protected by distinguishing the cases of death or injury of passengers from those who are not passengers.
This is more dangerous than a person who is not a passenger because passengers are on board a motor vehicle and integrated into the risks of the motor vehicle.
Therefore, in the event of a death or injury of a passenger due to an accident of a motor vehicle, the perpetrator cannot assert and prove that the death or injury of the passenger was caused by intentional act or suicide.