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1. All appeals filed by the Plaintiff and the Plaintiff’s Intervenor are dismissed.
2. The appeal costs accrue between the Plaintiff and the Defendant.
Reasons
1. On February 12, 2014, the fact that the Plaintiff was aware of the fact that, while driving a small-scale Dap on February 8, 2014, the Plaintiff caused an accident that shocks the left-hand driver's seat of the said small-scale Dop Dop Dop Dop Dop Dop Dop Dop Dop Dop e-si, Go Chang-gun, Chang-gun, Chang-gun, Chang-gun, Chang-gun, the left-hand part of the said small-scale Dop Dop Gun e-si Do 512-1, where the Defendant was on board
2. Determination:
A. As to the instant accident, the Defendant filed a separate lawsuit against the Plaintiff as the High Military Court, the High Military Court, the High Military Court, 2015 Ghana291, regarding the instant accident, the Defendant asserts that the instant lawsuit is unlawful on the ground that there is no benefit of confirmation.
However, if the plaintiff sought confirmation of the absence of damages liability against the defendant as a principal lawsuit because of the defect in the requirements of the lawsuit due to the counterclaim brought by the other party after satisfying the requirements of the lawsuit, then the defendant filed a counterclaim seeking the performance of the damages liability thereafter.
Even if such circumstance alone is insufficient to deem that the principal lawsuit becomes unlawful due to the extinguishment of the benefit of confirmation on the principal lawsuit (see, e.g., Supreme Court Decision 2010Da2428, Jul. 15, 2010). This is the same where the other party has filed a counterclaim within the pertinent litigation procedure, as well as where the other party has filed a separate lawsuit. Thus, the Defendant’s filing a separate lawsuit against the Plaintiff does not extinguish the benefit of confirmation on the instant lawsuit.
Therefore, the defendant's defense of the above principal safety is without merit.
B. The plaintiff alleged that there was no injury to the defendant due to the accident of this case, and the plaintiff sustained the injury.