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1. Revocation of a judgment of the first instance;
2. On April 29, 201, around 06:15, Seodaemun-gu Seoul Western-dong, Seodaemun-gu, Seoul.
Reasons
1. On April 29, 201, the Plaintiff filed a lawsuit against the Defendant seeking confirmation that the Plaintiff’s liability for damages against the Defendant did not exceed KRW 1,580,079, in relation to the traffic accident between B and C vehicles that occurred prior to the death distance in Seodaemun-gu Seoul Western-dong, Seodaemun-gu, Seoul (hereinafter “instant accident”) around April 29, 201 with the court of first instance, and filed a lawsuit against the Plaintiff and the perpetrator D of the instant accident against the Plaintiff on April 2, 2015, the Defendant filed a lawsuit with the Seoul Central District Court 2015No60717, supra.
As long as the instant lawsuit was duly filed by satisfying the requirements of the lawsuit and the Defendant contests the scope of the damages liability, the Plaintiff has the interest in obtaining confirmation of non-existence of the damages liability, and even if the Defendant filed a lawsuit seeking performance of the damages liability as the subsequent suit, it cannot be deemed unlawful by extinguishing the benefits of confirmation of the instant lawsuit.
(see, e.g., Supreme Court Decision 99Da17401, 17418, Jun. 8, 1999; Supreme Court Decision 9Da17401, 17418, etc.; Supreme Court Decision 2009Da17418, Jun. 8, 2009; however, the Supreme Court Decision cannot be deemed to be interpreted differently on the ground that a lawsuit for performance was filed as a separate lawsuit, other than
2. Basic facts
A. The Plaintiff is an insurer who entered into an automobile insurance contract with respect to B-cab for business use (hereinafter “instant automobile”).
B. D, around April 29, 201, when driving the instant vehicle on April 29, 201, in violation of the signals on the road front of the Seodaemun-gu, Seodaemun-gu Seoul, Seodaemun-gu, Seodaemun-gu, Seoul, brought a shock on C motor vehicle running under the new subparagraph on the left side of the proceeding direction, and the Defendant was on board the instant motor vehicle at the time of the accident.