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(영문) 부산지방법원동부지원 2020.09.01 2020가단201547
한정채무부존재
Text

1. The Plaintiff’s obligation to pay damages to the Defendant due to an accident stated in the attached list shall be KRW 6,808.

Reasons

1. Facts of recognition;

A. The Plaintiff is a mutual aid business entity that entered into a motor vehicle mutual aid agreement with E, a private taxi owner.

B. E had caused an accident listed in the separate sheet (hereinafter “instant accident”) while driving the said taxi.

[Ground of recognition] Facts without dispute, Gap 1, 2, and 3's statements or images, the purport of the whole pleadings

2. The plaintiff's summary of the plaintiff's assertion asserts that the defendant's liability to pay damages due to the accident of this case does not exceed KRW 6,808,00,00 as stated in the grounds for the claim (However, "applicant" is "Plaintiff" and "the respondent" is "the defendant").

3. Determination

A. In a lawsuit seeking confirmation of non-existence of a monetary obligation, if the plaintiff, who is the debtor, claims to deny the fact that the cause of the obligation occurred by specifying the first claim, the defendant, the creditor, bears the responsibility to prove the fact that the legal relationship

(See Supreme Court Decision 97Da45259 delivered on March 13, 1998). B.

We examine this case in light of the above legal principles.

1) In the instant case, the Defendant, a creditor (victim) of the instant accident, must specifically assert and prove that positive, passive, and mental damages (defensive materials) occurred to the Defendant due to the instant accident. (2) However, from the date of service of a written application for mediation stating the grounds for the instant claim to the date of the closing of argument in the instant case, the Defendant did not specify what damages incurred to the Defendant from the date of service, the degree of injury, and the amount by item of damage, and the amount by item of damage, and did not perform activities to prove damage

3. Therefore, it is difficult to view that the Plaintiff is liable to pay damages exceeding KRW 6808,00,00, which is the Plaintiff as the Plaintiff in relation to the instant accident, and the Defendant is liable for damages to the Defendant of the Plaintiff among the grounds for the attached claim.

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