채무부존재확인
1. On October 9, 2010, around 22:35, 2010, B owned by the Boyang Transportation Co., Ltd. from the Syang-dong Syang-dong Syang-dong Syang-dong Syang-dong Syang-dong Syang-dong Syang
1. Basic facts
A. On October 22 and 35, 2010, C, who is the urban bus driver of Bo Young Transportation Co., Ltd. (hereinafter “Nonindicted Company”) caused an accident, such as having the Defendant, who was on the seat on the wind of a collision with another passenger car with the driver’s (hereinafter “the instant traffic accident”), while driving the B urban bus (hereinafter “the instant bus”) owned by the non-party Company and making the left-hand at the inner-dong, Yangyang-dong, Ansan-dong, Ansan-dong, Ansan-dong, Annyang-dong, Annyang-dong, Annyang-dong, Annyang-dong, Annyang-dong, Annyang-dong, and the left-hand side of the bus (hereinafter “the instant bus”).
B. In February 2010, the Plaintiff concluded a mutual aid agreement under Article 4(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents between February 2, 2010 and February 201 with respect to the instant bus.
(hereinafter “instant mutual aid contract”). (c)
On the other hand, from November 3, 2010 to July 12, 2011, the Plaintiff paid KRW 4,609,110,00 in total to the DNA prison, etc. as medical expenses for the Defendant.
[Ground of recognition] Facts without dispute, entries in Gap evidence 1 to 5 (including each number), the purport of the whole pleadings
2. The assertion and judgment
A. As to the Plaintiff’s alleged traffic accident, the Plaintiff’s damage liability against the Defendant under the mutual aid agreement of this case does not exceed the amount calculated by the rate of 5% per annum from October 9, 2010 to the date of full payment. Thus, it is difficult to seek confirmation against the Defendant.
B. In a lawsuit seeking confirmation of existence of a monetary obligation, if the plaintiff, who is the debtor, has asserted to deny the fact that the cause of the debt occurred by specifying the first claim in advance, the defendant, the creditor, bears the burden of assertion and proof as to the fact that the legal relationship exists.
(See Supreme Court Decision 97Da45259 delivered on March 13, 1998, etc.). This is based on these legal principles.