beta
(영문) 의정부지방법원 2019.06.25 2018가단127958

채무부존재확인

Text

1. On November 11, 2018, the Defendant, at the D Camping site located in Gyeonggi-gu, Gyeonggi-do, is the wind.

Reasons

1. On November 1, 2018, the Plaintiff’s assertion was made on November 11, 2018, that, even though the sorarash set up by the Plaintiff at the D Camping site located in Pyeongtaek-gun, the wind was not faced with the Defendant’s vehicle, the Defendant made a false assertion as if the Defendant’s vehicle was damaged due to the occurrence of such accident. Accordingly, the Plaintiff’s claim for confirmation that there was no liability for damages due to

2. Determination on the cause of the claim

A. According to the video of subparagraphs 1-1 and 2 of the certificate of No. 1-2, according to the occurrence of liability for damages, it is confirmed that the pararain owned by the plaintiff was faced with the vehicle owned by the defendant by the wind, and that the defendant was faced with the horses at the site and the vehicle was taken into account.

If the above circumstances show each description and image of the evidence Nos. 2 and 3, this is deemed to cause damage to the defendant vehicle, so the plaintiff's liability for damages is recognized.

B. According to the evidence No. 3, the scope of the liability for damages is recognized that the Defendant incurred 500,000 won in the repair cost to the right-hand fence of his/her vehicle after the accident.

However, it is physically impossible at the present point to determine whether all the damages specified in the evidence No. 3, which had already been completed after repair, have occurred by the plaintiff's Marara dives, and such circumstances should be considered in the following limitation of liability.

C. The defendant's damage is limited to KRW 250,00 (50%) in consideration of the circumstances mentioned prior to the limitation of liability and all the circumstances shown in the argument of this case.

On November 1, 2018, the plaintiff's liability for damages against the defendant is not in excess of 2.50,000 won in relation to the damage of the defendant's vehicle installed by the plaintiff at the D Camping site located in Gyeonggi-gu, Gyeonggi-do.

3. The plaintiff's claim for conclusion is reasonable within the scope of the above recognition.