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(영문) 서울고등법원(춘천) 2016.05.04 2015나1449
채무부존재확인
Text

1.The judgment of the first instance shall be modified as follows:

On 19 May 19, 2012, in the vicinity of C around 11:00.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

On May 19, 2012, the Plaintiff caused the accident to occur, on or around 10:30 on May 19, 2012, the Plaintiff claimed the accident to 11:00, the Defendant to 15:00, but the time the instant accident was received from the nuclear fire station is 10:39 (the result of the order to submit a document to the chief of the fire station of the first instance court).

Since there is no dispute over the occurrence itself and the date of the instant accident, and only the detailed time of occurrence is asserted differently, it shall be corrected according to the results of the examination of evidence.

In the territory of the Republic of Korea, a cemetery reorganization work was conducted in the vicinity of the C, and the defendant, at the direction of the plaintiff, performed the work of selling the Gu to bury the tombstone.

If the plaintiff ordered the defendant to sell a tombstone, he has a duty of care to ensure that the tombstone, which was in his place, does not fall into the old stone, when the plaintiff ordered the defendant to sell a tombstone.

The plaintiff neglected to perform his duty of care and caused approximately one ton of the weight of the plaintiff, which was placed in the place by negligence, to fall off, and caused the defendant to fall off the tin by the Gu celeble, and the celeble fell to the defendant who had been celeble within the celeble.

As a result, the defendant suffered from the injury of the left-hand flasium-non-flasium, etc.

(hereinafter “instant accident” (hereinafter “instant accident”). 【No dispute exists; Gap evidence Nos. 1, Eul evidence Nos. 1, and Eul evidence Nos. 1 and 6 (including each number; hereinafter the same shall apply); the result of inquiry into the modern central hospital of the court of the first instance; according to the result of the first instance court’s questioning into the defendant himself/herself by the defendant at the court of the first instance, the purport of all pleadings, and the purport of the whole pleadings, the plaintiff is liable to compensate for damages suffered by the defendant due to the instant accident, except in extenuating

As to the assertion of comparative negligence, the defendant asserts that the plaintiff's assertion of comparative negligence shall be the next side of the 1 ton weight of the Gu.

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