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(영문) 대전지방법원 2018.07.26 2018가단494
채무부존재확인
Text

1. There is no liability for the Plaintiff’s damages against the Defendant with respect to the instant accident indicated in the separate sheet.

Reasons

On the other hand, in a lawsuit seeking confirmation of the existence of a monetary obligation, if the plaintiff, who is the debtor, claims the first time to deny the fact of the occurrence of the obligation by specifying the fact of the occurrence of the obligation, the defendant, the creditor, is liable to assert and prove the facts of the requirements for the legal relationship (see, e.g., Supreme Court Decision 97Da45259, Mar. 13, 1998). The plaintiff asserts that the accident of this case as stated in the separate sheet, in addition, the defendant himself/herself, had his/her own entrance, and the defendant did not have any injury, and therefore there is no obligation to compensate the defendant with respect to the accident of this case as stated in the separate sheet. However, the defendant did not prove the fact that the damage to the defendant was caused to the accident of this case as stated in the separate sheet because he/she did not present at least

Therefore, the plaintiff's claim of this case seeking confirmation that there is no liability for damages against the defendant in relation to the accident of this case stated in the separate sheet shall be accepted for the reasons, and it is so decided as per Disposition.

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