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(영문) 춘천지방법원원주지원 2015.07.02 2014가단30741
채무부존재확인
Text

1. On May 19, 2012, an accident occurred during the course of performing the duties of graveyard rearrangement in the cemetery near C around the original city around 11:00.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Occurrence of liability for damages;

A. The Plaintiff, on May 19, 2012, alleged that the accident occurred at around 10:30 of the accident time, the Plaintiff 11:00, the Defendant 15:00, but the time the instant accident was received from the nuclear fire station at KRW 10:39 (the result of this court’s order to submit documents to the chief of the nuclear fire station).

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 referred to as “instant accident”). [Grounds for recognition] The fact that there is no dispute, Gap evidence 1, Eul evidence 1, and Eul evidence 6, and the fact-finding to the modern central hospital of this court, the result of the Defendant Party’s personal examination, the purport of the whole pleadings, as a whole.

B. According to the above facts of recognition, the plaintiff is liable for compensating the defendant for damages caused by the accident of this case, unless there are special circumstances, as a person who injured the defendant.

C. As to the assertion on comparative negligence and limitation of liability, the Plaintiff’s assertion that the Defendant, prior to the occurrence of the instant accident, gave a impact on KRW 10,00,00, when the weight of one ton is located immediately adjacent to the Gu, and is located adjacent to the Gu.

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