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1. Regarding the accident described in the separate sheet between the Plaintiff and the Defendant, the Plaintiff’s damages against the Defendant.
Reasons
Facts of recognition
A. The Plaintiff is a person operating a fish driving school in the fifth floor of Eunpyeong-gu Seoul E building, and the Defendant was the first generation who was financed by the said fish driving school on March 2016 (the first generation in March 2010), and D is its mother.
B. At the date, time, place, and place indicated in the attached list, D filed a complaint with the Defendant for the crime of violating the Child Welfare Act by asserting that the Defendant’s gathering teachers, who are the Plaintiff’s employees, forced the Defendant to do so alone on the date of birth at the fish driving school, with no even number, and posting the video on the website of the fish driving school, thereby abusing the Defendant, who is the child. However, the above case was not subject to disposition.
[Ground of recognition] Each entry of Gap evidence Nos. 1 through 6 (including a Serial number; hereinafter the same shall apply), the purport of the whole pleadings, and the parties' assertion of judgment. ① The plaintiff seeks to confirm that the plaintiff did not have the plaintiff's liability to compensate the defendant with respect to the accident described in the attached list.
② As to this, the defendant asserts that the above accident constitutes a tort as a emotional abuse against a child, and thereby, the defendant suffered a serious mental impulse, such as suffering from a serious mental impulse, and thus, the plaintiff has a duty to compensate for positive damage, such as hospital treatment expenses, etc.
Judgment
If the plaintiff, who is the debtor in a lawsuit for confirmation of the existence of an obligation, claims first to deny the fact that the cause of the obligation occurred by specifying the claim, the defendant, the creditor, should specifically claim and prove the occurrence of the plaintiff's liability, including the causation between the damage he/she suffered and the harmful act of the plaintiff in the case of damages caused by tort, and positive damage, passive damage, consolation money, etc.
(see, e.g., Supreme Court Decision 97Da45259, Mar. 13, 1998). In light of the foregoing, the entry or image of each evidence submitted by the Defendant alone is in accordance with the attached list.