채무부존재확인
1. With respect to an accident described in the attached Form, the obligation of the Plaintiff (Counterclaim Defendant) against the Defendants (Counterclaim Plaintiff) is set forth below.
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Occurrence of liability for damages;
A. The facts of recognition (1) The Plaintiff is the operator of the e-stock station located in Seo-gu Daejeon, Daejeon, and Defendant B is the owner of F Crosller 300cc vehicles (hereinafter “Defendant vehicle”).
(2) On February 20, 2014, Defendant C entered a gas station operated by the Plaintiff to provide gas to the Defendant’s vehicle on February 20, 2014. The Plaintiff’s employees paid gasoline to the Defendant’s vehicle using light oil as fuel.
(3) Defendant B: (a) left the repair of the Defendant’s vehicle due to the instant mixed high-water tank in the Round Co., Ltd., a maintenance business entity; and (b) disbursed KRW 500,000 as repair cost, such as fuel tank and fuel pipe cleaning, washing, etc.
(4) On February 20, 2014, Defendant C entered into a vehicle rental agreement with Scareman Co., Ltd. on the vehicle rental agreement with Scareman Co., Ltd.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 6 and 11, the purport of the whole pleadings
B. According to the fact of recognition of liability, the Plaintiff’s employees confirmed the type of fuel used by the Defendant’s vehicle, and neglected to exercise the duty of care to pay fuel accordingly, and caused damage to the Defendant’s vehicle by oiling gasoline on the Defendant’s vehicle, which is a transit vehicle, even though they had the duty of care to pay fuel corresponding thereto. As such, the Plaintiff is liable as an employer for damages sustained by the Defendants due to an employee’s negligent act in the course of performing his duties.
C. The Plaintiff asserts that even before the instant accident occurred, Defendant C was negligent in not notifying the Plaintiff’s employees of the type of oil to be paid, despite the fact that the Plaintiff had received compensation due to the same mixed oil.
Before the instant accident, the date when the instant accident occurred to the Defendant’s vehicle is August 16, 201, and the Defendant B’s transfer of ownership to the Defendant’s vehicle was completed on or before June 7, 2013, and the evidence No. 4 attached thereto.