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(영문) 대구지방법원 2020.05.21 2019가합212611

채무부존재확인

Text

1. The Plaintiff’s fire to the Defendants was caused by a fire that occurred at around 13:05 around September 1, 2019 from the E guest room located in the Dopentth of Busan Metropolitan City.

Reasons

1. Judgment on confession as to Defendant B: Article 208(3)2 and Article 150(3) of the Civil Procedure Act;

2. Determination as to Defendant C

A. In a lawsuit seeking confirmation of the existence of an obligation, if the plaintiff, who is the debtor, has asserted to deny the fact that the cause of the obligation occurred by specifying the first claim in advance, the defendants, the creditor, are liable to prove and prove the facts that

(See Supreme Court Decision 97Da45259 delivered on March 13, 1998, etc.). In the instant case, the Plaintiff denied the Plaintiff’s liability relating to the fire as stated in the disposition. As such, the Plaintiff’s liability regarding the occurrence and scope of the Plaintiff’s liability regarding the said accident is asserted and proved by the Defendant.

B. The defendant merely asserts that the plaintiff's claim is contested, and does not assert and prove the occurrence and cause of damage compensation liability. Thus, there is no liability for damages against the defendant related to the fire accident stated in the order, and as long as the defendant contests this, the plaintiff has a benefit to seek confirmation.

C. The plaintiff's claim of this case is reasonable, and it is so decided as per Disposition.