채무부존재확인
1. The defendant (Counterclaim plaintiff) shall dismiss the counterclaim;
2. With respect to traffic accidents listed in the separate sheet 1, the separate sheet 2.
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. The following facts may be found either in dispute between the parties or in the entry in Gap evidence 1 to 9 (including paper numbers) by reference to the whole purport of the pleadings:
The Plaintiff is an insurance company that has entered into an automobile insurance contract for business use listed in the attached Table 2 with respect to B buses owned by the Nonparty Company (hereinafter referred to as “B buses 1”) and C buses (hereinafter referred to as “B buses”) between Sam Young Transportation Co., Ltd. (hereinafter referred to as “non-party company”), and the Defendant is a person who has suffered a traffic accident listed in the attached Table 1 by means of the 1 and 2 buses.
B. At around 18:32 on May 31, 2007, the Defendant: (a) was traveling side a sloping-ro 7-dong, Mayang-gu, Annyang-si, Annyang-si; (b) was used towards the road; (c) was faced with the road at the right side of the first bus of the driver D, who was employed by the non-party company; and (d) immediately thereafter, the driver belonging to the non-party company was faced with the upper right side of the first bus of the non-party company, with the upper right side of the second bus of the non-party company E, with the upper right side of the second bus of the non-party company E. (hereinafter “the traffic accident of this case”). The Defendant suffered injury, such as the ballle, bones, dyebraries, etc., requiring treatment for about
C. On August 13, 2009, after the instant traffic accident, the Defendant filed a lawsuit for damages (i) with the Seoul Central District Court 2009Da302922 on August 13, 2009. On November 19, 2009, the Plaintiff and the Defendant received 75 million won amount from the Plaintiff on November 19, 2009, while the lawsuit was pending, agreed to waive all rights related to the instant traffic accident in the future, not file a civil or criminal lawsuit, and accordingly, withdrawn the said lawsuit on November 30, 2009, and thereafter, the Defendant again demanded the Plaintiff to submit an operation expenses and treatment expenses for the damage caused by the flachine, and 9.5 million won from the Plaintiff on February 24, 2011.