채무부존재확인
1. The defendant (Counterclaim plaintiff) shall dismiss the counterclaim;
2. With respect to traffic accidents listed in Appendix 2, listed in Appendix 1.
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. The Plaintiff is an insurer who has entered into an automobile comprehensive insurance contract with respect to B vehicles driven by the Defendant (hereinafter “Defendant vehicles”), and an automobile liability insurance contract with respect to D vehicles driven by C.
B. On May 2, 2016, when the Defendant driven the Defendant’s vehicle and passed a road near the Geum River-dong Elementary School located in the Gangseo-gu, Busan Metropolitan City on May 2, 2016, there was an accident listed in attached Table 2, which conflicts with C Driving D, which was going on the left side in the process of stopping and re-making a vehicle through a news report in order to get off the passenger, (hereinafter “instant accident”).
C. The Defendant suffered injuries, such as scopic scopic scopics, etc., by the instant accident.
On August 23, 2016, the Plaintiff paid the Defendant an agreed amount of KRW 1.5 million to the Defendant, and written an agreement with the Defendant. The said agreement states that “A (the Defendant) in relation to the instant accident, as well as B (a) promises not to file a civil or criminal lawsuit or objection, even if any reason exists, shall not be filed in the future, and shall sign and seal the agreement with the evidence.”
[Ground of recognition] Facts without dispute, Gap evidence 1 to 5, Eul evidence 1 to 2, the purport of the whole pleadings
2. The parties' assertion
A. The Plaintiff’s assertion cannot be recognized as injury or damage to the Defendant’s assertion due to the instant accident, and the Defendant, around August 23, 2016, received KRW 1.5 million from the Plaintiff and agreed not to file a claim for damages due to the instant accident. As such, the Plaintiff’s obligation to pay the insurance money related to the instant accident is nonexistent.
B. The Defendant’s assertion sought payment of KRW 20 million to the Plaintiff as damages for the instant accident.
3. Prior to the determination.