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(영문) 전주지방법원 2017.11.03 2017가단3316
채무부존재확인
Text

On August 12, 2016, around 19:17, the Plaintiff’s obligation to the Defendant due to an accident that occurred in front of C Apartment 116, Jeonju-si.

Reasons

In a lawsuit seeking confirmation of the existence of a pecuniary obligation, if the plaintiff, who is the debtor, specified the first claim to deny the fact of the occurrence of the obligation, the defendant, who is the creditor, bears the responsibility for assertion and certification as to the facts

(See Supreme Court Decision 97Da45259 delivered on March 13, 1998). However, although the Plaintiff asserted that the Plaintiff’s obligation to the Defendant due to the accident described in paragraph (1) of this Article (hereinafter “instant accident”) did not exceed KRW 461,70 due to repair costs and transportation costs, the Defendant did not assert or prove the scope of liability for damages.

Therefore, it is recognized that the obligation of the Plaintiff to the Defendant due to the instant accident does not exist in excess of KRW 461,70,00 for repair and transportation expenses recognized by the Plaintiff. Therefore, it is so decided as per Disposition.

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