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(영문) 서울중앙지방법원 2014.04.02 2010가단66680

채무부존재확인

Text

1. At around 21:55 on December 24, 2002, the defendant left the vehicle B at the 2nd place of Dongdaemun-gu, Dongdaemun-gu, Seoul.

Reasons

1. Facts of recognition;

A. At around 21:55 on December 24, 2002, the Defendant suffered bodily injury, such as chests, spawn spawn, spawn spawn, and wre spawn spawn, etc., on the wind that the driver of the Plaintiff’s vehicle gets at the bus owned by the pilot (hereinafter “Plaintiff’s vehicle”) at the bus located in the bus located in Dongdaemun-gu Seoul Dongdaemun-gu, Dongdaemun-gu, Seoul (hereinafter “Plaintiff’s vehicle”).

(hereinafter “instant accident”). B.

The plaintiff is a mutual aid business operator who has entered into a mutual aid agreement for the plaintiff vehicle.

[Ground of recognition] Facts without dispute, Gap evidence No. 1, Eul evidence No. 3, purport of the whole pleadings

2. The Plaintiff’s assertion (1) The Plaintiff’s assertion that the Defendant is liable for damages against the Defendant, while recognizing the Defendant’s liability for damages, the Plaintiff continued to provide medical treatment as an injury-disease unrelated to the instant accident, such as the Defendant’s diagnosis at the point of three years after the occurrence of the accident, and the diagnosis at the point of six years after receiving treatment, and receiving treatment from the Defendant’s negligence at the point of six years after receiving treatment. As such, the Plaintiff’s claim that 4,341,810 won related to the instant accident (i.e., consolation money of KRW 300,000,000 for KRW 1,941,813,813 transportation expenses of KRW 2,10,000 for KRW 8,395,160 for KRW 18,395,5160 for each of the Defendant’s negligence.

(2) As to the defendant's assertion, the defendant asserts that, while denying the plaintiff's assertion, the defendant's current injury, such as chest pressure pressure and the escape symptoms, is all caused by the accident of this case, and the plaintiff has a duty to compensate for all damages related to the whole injury of the defendant at present.

3. In a lawsuit seeking confirmation of non-existence of a monetary obligation, if the plaintiff, who is the debtor, claims to deny the fact of the occurrence of the obligation by specifying the first claim in advance, the defendant, the creditor, has the burden of proving the facts of the legal relationship, and Supreme Court Decision 13 March 13, 198.