1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. Summary of the parties' arguments;

A. In the course of the occurrence of the instant accident, the Plaintiff did not bear liability for damages against the Defendant on the ground that the Defendant was injured due to the sudden operation of the Plaintiff taxi.

B. In the course of the occurrence of the instant accident, the Plaintiff taxi operated the taxi rapidly, and accordingly, the Defendant injured the Defendant, thus, the Plaintiff is liable for damages against the Defendant.

2. Determination

A. In a lawsuit seeking confirmation of existence of a pecuniary obligation, if the plaintiff, who is the debtor, claims to deny the fact that the cause of the obligation occurred by specifying the first claim, the defendant, the creditor, bears the burden of assertion and proof as to the requirement of legal relationship

(See Supreme Court Decision 97Da45259 delivered on March 13, 1998). B is liable for damages sustained by the Defendant under Article 3 of the Guarantee of Automobile Accident Compensation Act, if the Defendant was injured in the course of the occurrence of the said accident, as the Plaintiff was the operator of the said taxi, while driving the said taxi with the Defendant on the backhead seat of the Plaintiff taxi.

However, in the process of the instant accident, the Plaintiff alleged that the Defendant was not liable for damages by denying the fact of the Defendant’s injury. Therefore, the Defendant must prove that the Defendant sustained the injury in the process of the said accident.

B. In light of the following circumstances, it is reasonable to view that the Defendant sustained injury as Plaintiff-si’s sudden brakes during the process of the instant accident, in light of the following circumstances that can be acknowledged by comprehensively considering the overall purport of the pleadings in the descriptions of evidence Nos. 1, 2, and 1 through 5.

① The instant accident shall avoid a vehicle stopped on the front side in order to control the accident while the Plaintiff taxi is driving along the three-lane road.