채무부존재확인
1. The defendant (Counterclaim plaintiff) shall dismiss the counterclaim;
2. Nonparty B, at around 16:55 on September 14, 2007, on the road located in the Geum-dong, Chungcheongnam-si around 16:55.
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. Nonparty B driving a vehicle at around 16:55 on September 14, 2007 (hereinafter “instant accident vehicle”) and driving a two-lane between the two-lanes located in the Geum-dong in the Geum-dong, in the case of strike.
In order to find a stop of the Defendant’s drive D (hereinafter “Defendant’s vehicle”) that had been driven by the Defendant’s driving, the vehicle involved in the instant accident was found late, and the Defendant was faced with the rear part of the Defendant’s vehicle by shocking the back part of the instant accident, and the Defendant suffered injury, such as brain, salvinitis, salvinal styphe, droptyphe, d
(hereinafter “instant accident”). (b)
The Plaintiff is an insurer who has concluded an automobile insurance contract with respect to the instant vehicle involved.
C. The Plaintiff filed a lawsuit seeking confirmation of the existence of an obligation (hereinafter “previous lawsuit”) against the Defendant, seeking confirmation that “The Plaintiff’s obligation to pay damages against the Defendant due to the instant accident does not exist exceeding KRW 5,267,217,00” (hereinafter “previous lawsuit”).
On November 18, 2009, the court of first instance rendered a judgment that "the obligation to pay the plaintiff's damages to the defendant shall not exceed 9,573,533 won [the amount of damages to property 6,573,533 won [the amount of damages to property 6,845,598 won [the amount of damages to property 9,845,598 won - the amount of damage to property - the amount of damages to be deducted 2,272,065 won from the amount of damages to be paid - the amount of damages to be paid 1,00,000 won] and the amount of damages for delay shall not be exceeded."
The defendant appealed against the above judgment, and the appellate court filed a counterclaim to seek payment of KRW 30 million as part of the daily income, medical expenses, consolation money, etc.
The appellate court shall pay 16 million won to the defendant by September 30, 2010. If the plaintiff fails to pay the above money by the payment date, the appellate court shall add 20% interest per annum from the day following the payment date to the day of full payment.