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(영문) 수원지방법원 2019.01.16 2018가합18675
손해배상(기)
Text

1. The Plaintiff’s liability for damages against the Defendant in relation to an accident described in the separate sheet is KRW 700,000.

Reasons

With respect to the accident listed in the attached list (hereinafter “accident”), the Plaintiff asserted that the Plaintiff’s liability for damages against the Defendant did not exceed KRW 700,000,000, and that the Defendant is entitled to compensate for the damages related to the instant accident.

In a lawsuit seeking confirmation of existence of a pecuniary obligation, if the plaintiff, who is the debtor, claims, specified the facts of the cause of the obligation by specifying the claim first, the defendant, as the creditor, bears the burden of assertion and burden of proof of facts regarding the requirements of the right relationship (see, e.g., Supreme Court Decision 97Da45259, Mar. 13, 1998). Since the defendant did not assert or prove specific facts as to the requirements for the non-existence of a claim (see, e.g., Supreme Court Decision 97Da45259, Nov. 2, 2018). Thus, the defendant was present at the date of pleading on November 2, 2018 and stated that there was no additional expenses incurred due to the instant accident, and only he stated that there was no additional expenses paid). As to the instant accident, the plaintiff's damage liability against the defendant does not exist more than 700,0

Therefore, the plaintiff's claim of this case shall be accepted on the grounds of its reasoning, and it is so decided as per Disposition.

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