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1. On March 5, 2014, the Plaintiff is against the Defendant due to a traffic accident that occurred during the school life distance from Young-si, Young-si, Young-si.
Reasons
1. The facts following the facts of recognition do not conflict between the parties, or may be found upon full consideration of the entries in Gap evidence No. 1 and the purport of all pleadings.
On March 5, 2014, while driving a vehicle B (hereinafter “instant damaged vehicle”) on March 5, 2014, the Defendant caused the instant damaged vehicle to be driven by Category C (hereinafter “instant damaged vehicle”).
B. The Plaintiff is the insured of the instant sea vehicle.
2. Determination
A. In a lawsuit seeking confirmation of non-existence of a monetary obligation bearing the burden of proof of assertion, if the plaintiff, who is the debtor, denies the fact that the cause of the debt occurred by specifying the first claim, the defendant, the creditor, bears the burden of proof of proof of legal relationship. In this case, the plaintiff claims to deny the cause of the claim for insurance money payment based on the special terms and conditions of the automobile comprehensive insurance contract, so the defendant, the creditor, shall be held liable for proof of the fact that the claim
(See Court Decision 2002Da17821 delivered on July 26, 2002, etc.)
B. According to the above facts of recognition of damages, the Plaintiff is obligated to compensate the Defendant for damages arising from the instant accident.
C. 1) The Plaintiff’s determination on the portion of property damage is that the Plaintiff has to pay KRW 96,00 to the Defendant for medical treatment costs for the 12-day period. The Defendant did not claim specific amount of damages even in the Plaintiff’s assertion that the damages for the son and the son and the son and the son were to be compensated. It is insufficient to recognize that the Defendant’s assertion by itself was caused by the instant accident, and there is no evidence to acknowledge otherwise, and therefore, the Defendant’s assertion cannot be accepted. 2)