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(영문) 대구지방법원서부지원 2020.12.23 2020가단65019
채무부존재확인
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1. Around 01:00 on February 29, 2020, E vehicle shocked the outer wall of the building F in Daegu-gun, Daegu-gun, the Defendant-owned.

Reasons

1. Facts of recognition;

A. The Plaintiff is an insurer who entered into an automobile comprehensive insurance contract with G on the E-vehicle owned by it (hereinafter “instant A-vehicle”).

B. Around 01:00 on February 29, 2020, H, a child of G, caused an accident (hereinafter “instant accident”) that shocks the outer wall of the Daegu-gun Building F, Daegu-gun (hereinafter “instant building”) owned by the Defendant, while driving the instant Ghana on or around 01:00.

C. In the instant accident, the head of the agency board 2 attached to the outer wall of the instant building was destroyed by the instant accident.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 and 2, and the purport of the whole pleadings

2. The assertion and judgment

A. 1) The parties’ assertion 1) In order to restore to the original state part of the substitute board of the outer wall of the instant building destroyed by the instant accident caused by the Plaintiff’s assertion, the expenses of KRW 675,00 are necessary, and there is no other damage inflicted on the Defendant. Therefore, in relation to the instant accident, the Plaintiff does not bear an obligation to pay insurance money to the Defendant. 2) The Plaintiff suffered the same loss as the Defendant indicated in the separate sheet due to the instant accident alleged by the Defendant, and thus, the Plaintiff is obliged to pay the Defendant the total amount of KRW 169,00,000,000.

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 first, the defendant, the creditor, bears the burden of proving the fact that the legal relationship exists (see Supreme Court Decision 97Da45259, Mar. 13, 1998). There is no evidence to prove that the defendant, the creditor, bears the burden of proving the facts that the plaintiff had caused the damage as shown in the separate sheet exceeding KRW 675,00, which is recognized by the plaintiff due to

(The defendant refused to submit additional evidence despite the request for submission of evidence by this Court). Accordingly, this case.

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