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1. Around 15:00 on July 9, 2016, food provided at a general restaurant located in Seocho-gu Seoul Metropolitan Government C.
Reasons
1. Basic facts
A. The Plaintiff is a person who runs a food restaurant specializing in rice state with the trade name of “D.”
B. At around 15:00 on July 9, 2016, the Defendant complained of the Plaintiff’s employees of the rice stuffed to the second Daegu on the right-hand side (hereinafter “the instant stuff”) with the shocking wind, while drinking the rice stuffed water provided by the Plaintiff, which was cut down to the Plaintiff’s employees.
[Ground for recognition] Unsatisfy, the purport of whole pleadings
2. Determination on the cause of the claim
A. In light of the Plaintiff’s medical history before the Plaintiff’s assertion, and the medical records, etc. of dental services rendered by the Defendant, dental spawn is suspected of having been spathn and irrelevant to the meals in the above restaurant. Therefore, there is no liability for damages against the Defendant due to the instant dental spathn’s strike.
B. The Defendant’s assertion that the strike of the instant dental plant occurred from the rice plant that the Defendant provided by the Plaintiff at the above time, which caused property damage 3,6920,00 won (including KRW 10,000,000,000,000,000,000,000 won for the first time for extension of the average life expectancy of KRW 2,000,000,000,000,000,000 won for the first time for the extension of the average life of KRW 3,000,000,000,000 won for the treatment expenses for the presumption of diving and KRW 2,00,000,00,000,00 won for the first time for the side effects, and thus, the Defendant cannot respond to the claim of this case.
C. (1) In a lawsuit seeking confirmation of non-existence of a monetary obligation, if the plaintiff, who is the debtor, claims in advance to deny the fact of the occurrence of the obligation by specifying the first claim, the defendant, the creditor, is liable to prove the facts of the legal relationship (see, e.g., Supreme Court Decisions 97Da45259, Mar. 13, 1998; 2007Da6772, May 31, 2007), and is passive.