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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
Basic Facts
B is the owner of a vehicle C (hereinafter referred to as “Plaintiff”), and the Plaintiff is an insurer who has entered into an automobile insurance contract with B with respect to the said vehicle.
B around 18:10 on August 24, 2016, when the Defendant was driving in the direction of e-mail in the direction of the Mabro Station, the back part of the E-si driven by the Defendant was shocked.
(hereinafter referred to as “instant accident”). [The grounds for recognition] did not dispute, each entry of Gap evidence 1 and 3, Gap evidence 2, Eul evidence 3, and the purport of the whole pleadings, the plaintiff asserts that the Plaintiff did not have any injury to the defendant, since the instant accident is very insignificant and thus, the defendant did not have any damage.
On the other hand, the defendant asserts that the plaintiff, the insurer of the plaintiff vehicle, has the obligation to pay damages to the defendant due to the accident of this case, since he was hospitalized for 38 days due to the accident of this case and received outpatient treatment.
Judgment
The main sentence of Article 3 of the Guarantee of Automobile Accident Compensation Act provides that "a person who operates an automobile for his/her own sake shall be liable to compensate for the damages caused by the death or injury of another person due to the operation of the automobile shall be liable to compensate for the damages in principle."
However, in a lawsuit seeking confirmation of the existence of a pecuniary obligation, if the plaintiff, who is the debtor, claims first, denies the facts causing the obligation by specifying the first claim, the defendant, as the creditor, bears the responsibility to assert and prove the facts required for the legal relationship (see Supreme Court Decision 97Da45259, Mar. 13, 1998). As such, the defendant bears the responsibility to assert and prove that the defendant sustained the injury caused by the accident in this case.
The written evidence No. 5 and No. 7 are added to the purport of the whole pleadings.