1. On March 19, 2020, traffic accidents occurred between F vehicles and G vehicles at the construction site of Seo-gu Incheon, Seo-gu, Incheon.

1. Basic facts

A. On March 19, 2020, while operating a F Dump truck (hereinafter “Plaintiff”) at the construction site of Seo-gu Incheon, Seo-gu, Incheon, there was an accident that the Plaintiff was faced with the front part of Defendant’s G dump truck (hereinafter “Defendant’s vehicle”) where wastes being towed by the Plaintiff’s vehicle loaded other wastes while carrying other wastes (hereinafter “Defendant’s vehicle”).

B. The Plaintiff’s Intervenor is an insurer that has concluded an automobile comprehensive insurance contract with the Plaintiff and the Plaintiff’s vehicle.

[Recognitions] Facts without dispute, entry of Eul evidence No. 2, the purport of the whole pleadings

2. The parties' assertion and judgment

A. The plaintiff's assertion 1) The accident of this case is merely the fact that the waste vinyl, which was loaded on the plaintiff's vehicle, was left on the wind, and the front part of the defendant's vehicle was found to have been injured by the accident of this case.

shall not be deemed to exist.

Therefore, the plaintiff is not liable for the defendant's personal damage caused by the accident of this case, so the plaintiff is seeking confirmation of the non-existence of the obligation.

2) As to this, the Defendant asserted that the Defendant should compensate the Defendant for the damages caused by the instant accident, since the Defendant suffered from an injury, such as dump salt, etc.

B. In a lawsuit seeking confirmation of non-existence of a debt, if the plaintiff, who is the debtor, asserts that the cause of the debt occurred by specifying the claim first, the defendant, the creditor, is liable to assert and prove the facts constituting the elements of legal relationship (see, e.g., Supreme Court Decision 97Da45259, Mar. 13, 1998). The above evidence, as a result of entrusting the delivery of documents to the Incheon District District Prosecutors' Office, and the following circumstances recognized by considering the whole purport of the pleadings, namely, the instant accident is caused by the wastes being led to the front part of the defendant's vehicle. Waste was plastic, sinyl, and sinched materials.