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(영문) 부산지방법원서부지원 2019.06.12 2018가단5384
채무부존재확인
Text

1. It is confirmed that the Plaintiff’s obligation to the Defendant stated in the separate sheet does not exist.

2. The costs of lawsuit shall be.

Reasons

1. Facts of recognition;

A. The Plaintiff was a shipowner who completed the registration of ownership transfer on March 17, 2015 with respect to the baseline C (hereinafter “instant vessel”) of 60.26 tons, and the Plaintiff transferred the ownership of the instant vessel to E on August 10, 2017;

From June 28, 2017, the Defendant served as the deck of the above vessel.

B. On July 11, 2017, the Defendant suffered injury, such as a pelf and pelfal damage, etc. (hereinafter “the instant injury”), on the right edge of the instant vessel due to an accident (hereinafter “instant accident”), while working on the deck of the instant vessel.

C. From July 12, 2017 to March 28, 2018, the Plaintiff paid KRW 19,330,000 to the Defendant as medical care compensation and injury and disease compensation.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 and 4 (including additional number), the purport of the whole pleadings

2. In a lawsuit seeking confirmation of non-existence of a monetary obligation to determine the cause of the claim, if the plaintiff, who is the debtor, has asserted to deny the fact that the cause of the claim occurred by specifying the first claim in advance, the defendant, the creditor, bears the burden of assertion and proof

(see, e.g., Supreme Court Decision 97Da45259, Mar. 13, 1998). The Plaintiff asserted that “The injury suffered by the instant accident was completely cured, but the Plaintiff demanded medical care compensation and injury and disease compensation on the ground that the injury still remains in a creculation and the creculation remains. The Defendant’s pain and creculation claimed are highly likely to be caused by the Defendant’s urology, which is the Defendant’s low disease.”

According to the overall purport of evidence Nos. 1 and 3 (including paper numbers), each of the statements and arguments set forth in the evidence Nos. 1 and 3 (including paper numbers), the opinion issued by D Hospital on Mar. 21, 2018 is the name of the injury and disease, “1. 5th relative to the right, which is the 5th relative to the right,”;

2.the right spons, front spons, front sponsor and front sponsor;

3.Sponsoral pelviss, 4.0

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