채무부존재확인
1. As to the accident described in the separate sheet, it is possible to check the left-hand side of the Defendant-Counterclaim Plaintiff.
Facts of recognition
On March 19, 2017, around 13:00, the Plaintiff caused an accident indicated in the attached Table (hereinafter “instant accident”) while driving Cknf II vehicles in the vicinity of the Cknfeng-dong, Yok-dong.
After that, on March 23, 2017, the defendant performed an operation under the name of "hump of a shoulder pipe (bank disease), hump, damage of a shoulder or part of a arms and body, and other damage of the body and power lines, and other detailed damage (SALP)" in relation to the left-hand part of the hospital, and discharged the hospital after the surgery for about 12-16 weeks after the surgery.
On April 11, 2017, the Defendant: (a) hospitalized in a E-type medical clinic on the grounds of the pain and physical restriction of the operation department; (b) discharged on or around the 29th day of the same month; and (c) continued to receive hospital treatment from the above member by June 2017.
[Ground for Recognition: Facts without dispute, Gap evidence 2 through 4, Eul evidence 1 and 2, Gap evidence 1 and the purport of the whole pleadings] The plaintiff's liability for damages against the defendant (related to the defendant's operation to check the left-hand side) and the non-existence of monetary obligation, if the plaintiff, the debtor, claims first to deny the fact of the occurrence of the obligation by specifying the claim, the defendant, the creditor, bears the burden of proving the facts of the legal relationship.
(See Supreme Court Decision 97Da45259 delivered on March 13, 1998). The plaintiff asserts in the principal claim that there is no obligation of the plaintiff to compensate for damages against the defendant with respect to the "operation on the opposite side" of the defendant in relation to the accident of this case. On the other hand, the defendant in the counterclaim claim that there is no damage equivalent to KRW 7,764,710 of daily income (three months from the date of the accident) and KRW 5 million of consolation money.
First of all, according to the fact of recognition of the above 1's paragraph (a), there are no special circumstances.