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(영문) 서울중앙지방법원 2015.11.24 2013가단305683
채무부존재확인
Text

1. There is no obligation of the Plaintiff to pay mutual aid money to the Defendant regarding the traffic accident stated in the attached list.

Reasons

1. Basic facts

A. The Plaintiff concluded a mutual aid agreement (hereinafter “instant mutual aid agreement”) with respect to the Dowon Transport Co., Ltd. and B city bus (hereinafter “Plaintiff bus”) as indicated in the attached list.

B. At around 14:15 on January 21, 2006, C driven the Plaintiff bus and changed the way to the right side while driving the front road of the Korean Telecommunication Stop in Jongno-gu Seoul, Jongno-gu, along the 6-lane between 8-lane and 8-lane, at a speed of about 40km/h, from viewing, the Defendant driving the bicycle on the right side of the road in the process.

(hereinafter referred to as “instant accident”). C.

The Defendant was faced with the instant accident, and was suffering from the wounds, such as the pelvis, and the pelvis.

The Plaintiff paid 80,608,490 won to the Defendant’s medical expenses from March 13, 2006 to December 11, 2012.

[Ground for Recognition: Unsatisfy, Gap evidence Nos. 1 and 2, and the purport of the whole pleadings]

2. Determination

A. Although the Defendant’s assertion was under medical treatment after the instant accident, it is difficult to recognize that it was caused by the instant accident. Considering the medical expenses paid by the Plaintiff on behalf of the Plaintiff, the Defendant’s negligence, etc., there is no further obligation for the Plaintiff.

B. In a lawsuit seeking confirmation of the existence of an obligation, if the plaintiff, who is the debtor, claims first and denies the fact that the cause of the obligation occurred by specifying the claim, the defendant, the creditor, has the responsibility to specifically claim and prove the positive, passive, and consolation money in accordance with the three-minute theory of damages in case of damages caused by tort.

However, the defendant did not properly assert or prove the occurrence of damages or the specific amount of damages despite the order of the full bench to prepare for the explanation.

Therefore, in relation to the accident of this case, the plaintiff is against the defendant.

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