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(영문) 서울북부지방법원 2016.09.29 2016가단108189
채무부존재확인
Text

1. On March 14, 2015, in relation to the accident that the Defendant was sleeped within D located in Jung-gu Seoul Central Government, Jung-gu, Seoul.

Reasons

1. Basic facts

A. The Plaintiff is a person who operates a public bath in the name of “D” in Jung-gu Seoul Metropolitan Government.

B. On March 14, 2015, the Defendant: (a) taken the bath at the above bath on March 14, 2015; and (b) took the bath at around 15:00 the tree satry in the above bath.

(hereinafter referred to as “instant accident”). [Grounds for recognition] The fact that a dispute is not or is not clearly disputed, the purport of Gap evidence 1’s video and the purport of whole pleadings.

2. The assertion of the parties and their determination

A. (1) The Plaintiff’s assertion (1) that the instant accident occurred due to the Defendant’s negligence, and there is no causation between the instant accident and the Defendant’s injury, as the Defendant did not change due to the instant accident.

Nevertheless, the defendant asserts that the plaintiff should be paid medical expenses, etc. due to the occurrence of the accident in this case. Thus, the plaintiff's claim does not exist in relation to the accident in this case as a lawsuit in this case that there is no obligation to pay the plaintiff's damages to the defendant.

(2) The Defendant’s assertion that the instant accident occurred because it was difficult for the Defendant to have caused many injuries to the chairs located in the bath. The instant accident caused the Defendant to pay KRW 7,200,000 for hospital expenses and medical treatment expenses. As such, the Plaintiff is liable to compensate the Defendant for the said damages.

B. We examine the judgment, and there is no evidence to acknowledge that the accident of this case occurred due to the plaintiff's negligence or responsibility, and that the defendant's fault was due to the accident of this case.

(The defendant did not submit any evidence to this court) Therefore, in relation to the accident of this case, there is no obligation of the plaintiff to pay damages to the defendant, and the defendant in relation to the accident of this case.

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