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(영문) 대구지방법원서부지원 2020.01.16 2018가단7089
채무부존재확인
Text

1. The plaintiff against the defendant as to the loaded articles listed in the annexed Form 2 due to a traffic accident stated in the annexed Form 1.

Reasons

1. On the entry of evidence No. 1 of the basic facts, the fact that a traffic accident listed in the attached Table 1 (hereinafter “instant accident”) has occurred can be acknowledged by viewing the overall purport of the pleadings.

2. At the time of the instant accident, the Plaintiff asserted that: (a) at the time of the instant accident, the Defendant’s Plaintiff did not load the cargo in attached Form 2 (hereinafter “instant cargo”); and (b) was loaded on the snowhouse.

Even if the instant cargo was not damaged due to the instant accident, the Plaintiff’s liability for damages against the Defendant for the instant cargo was not nonexistent due to the instant accident.

In regard to this, the Defendant asserted to the effect that the Plaintiff is liable to compensate the Defendant for damages arising therefrom, since it was impossible to use the loaded goods of this case due to the instant accident.

3. Therefore, the Plaintiff’s damage liability against the Defendant regarding the instant loaded article is nonexistent, and as long as the Defendant contests the instant loaded article, there is no evidence to prove that the instant loaded article was damaged due to the accident at the time of the instant accident. As long as there is no evidence to prove that the instant loaded article was damaged, the Plaintiff’s damage liability against the Defendant regarding the instant loaded article is not nonexistent, and there is benefit of confirmation.

4. The plaintiff's claim of this case is accepted on the ground of the reasons.

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