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1. On December 8, 2014, at around 16:00, the Plaintiff was involved in a property traffic accident that occurred by a vehicle C from Dongducheon-si B.
Reasons
1. Basic facts
A. The Plaintiff is a person who has entered into an automobile insurance contract with C Vehicle (hereinafter “Insurance Vehicle”).
B. D around 16:00 on December 8, 2014, the insured vehicle owned by the Defendant caused an accident that shocks the front part of the Dongbcheon-si B ground building (hereinafter “instant building”) owned by the Defendant (hereinafter “instant building”).
(hereinafter referred to as “instant accident”) C.
In the instant accident, the outer wall on the left side of the instant building was partially destroyed.
[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to Gap evidence 3, purport of whole pleadings
2. The assertion and judgment
A. The plaintiff asserts that the plaintiff can restore the building of this case to its original state by the repair that requires 420,000 won in light of the damaged parts, degree, etc. of the building of this case. Thus, the plaintiff seeks confirmation that there is no liability exceeding 420,000 won in relation to the accident of this case against the defendant.
In regard to this, the defendant asserts to the effect that the damage amounting to KRW 12,00,00 due to the cancellation of the lease contract for the building of this case and the restoration cost of the building of this case shall be compensated for damages amounting to KRW 72,665,492.
B. In a lawsuit seeking confirmation of non-existence of a monetary obligation, if the plaintiff, who is the debtor, specified the first claim in order to deny the fact that the cause of the debt occurred, the defendant, as the creditor, is liable to prove the fact that the legal relationship exists (see, e.g., Supreme Court Decision 97Da45259, Mar. 13, 1998). In the instant case, the defendant, as the creditor, is liable to prove the facts that the plaintiff, as the debtor, specified the first claim in excess of 420,000 won, and, in so far as the fact that the cause of the claim exceeds the damages liability, the defendant, as the creditor, bears the burden of proving the facts that the claim exceeds
The defendant or the defendant shall restore the building to its original state on June 1, 2015.