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(영문) 부산지방법원서부지원 2017.12.15 2017가단102110
채무부존재확인
Text

1. On August 19, 2015, around 11:35, the defendant's COba in the lane near the BObadong BOban-dong, Busan.

Reasons

1. Basic facts

A. The Plaintiff is a mutual aid business entity that entered into a mutual aid agreement with respect to the E-city bus owned by D Co., Ltd. (hereinafter “Plaintiff bus”) for convenience.

B. On August 19, 2015, around 11:35, F, the driver of the Plaintiff bus, was driving the Plaintiff bus and operated in the vicinity of the Bludong Blue-dong Blue-dong Blue-dong Blue-dong, Busan along the two-lanes of the 3rd line road from the area of the Busan Jlue market to the area of G department store. However, there was an accident in which the COba (hereinafter “Defendant Oba”) of the Defendant’s operation, which fell far from the three-lanes above the other (hereinafter “instant accident”).

C. At the time of the instant accident, the Defendant moved out of the Oralba to go beyond Oralba to a few bet, thereby gathering the situation in which the body goes beyond the ground floor.

【Ground of recognition】 The fact that there has been no dispute, each entry or video of Gap 1 through 10, or the purport of whole pleading

2. The assertion and judgment

A. The plaintiff asserts that the accident of this case occurred entirely due to the defendant's negligence, and that the plaintiff's bus did not directly shock the defendant's Oral Ba or go beyond the defendant's Oral Ba, and that there is no obligation to pay the mutual aid money due to the accident of this case, while the defendant asserts that there is no obligation to pay the defendant the mutual aid money due to the accident of this case, since the accident of this case occurred intentionally or negligently by the plaintiff's bus driver, the plaintiff has the obligation to pay the mutual aid money.

B. In a lawsuit seeking confirmation of the non-existence of monetary obligation under the relevant legal doctrine, if the plaintiff, who is the debtor, claims the first time to deny the fact of the occurrence of the obligation, the defendant, the creditor, bears the burden of proving the facts of the legal relationship, and the plaintiff, the cause of the claim for mutual aid under the automobile mutual aid agreement,

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