1. The lawsuit of this case shall be dismissed.

2. The costs of retrial shall be borne by the Defendant (Counterclaim Plaintiff, and Plaintiff for Retrial).

1. The following facts are apparent in records:

In relation to the accident described in the attached list against the defendant, the plaintiff filed a lawsuit for confirmation of existence of an obligation to confirm that the plaintiff's obligation to pay damages against the defendant does not exist in excess of KRW 2,900,240. In the above lawsuit, the defendant filed a counterclaim against the plaintiff to claim damages against the plaintiff, which is damages due to the accident described in the attached list, and damages for delay.

The first instance court decided that the plaintiff paid 3,000,000 won to the defendant and damages for delay, and that the plaintiff's obligation to pay damages to the defendant does not exceed the above amount shall not be exceeded.

Daegu District Court Decision 2010Da62786 decided Feb. 13, 2013, 2012Kadan5422 decided Feb. 13, 2013 (Counterclaim)

As to the above judgment of the first instance court, the defendant appealed and extended the claim for the counterclaim to claim 69,640,750 won and damages for delay. The plaintiff succeeding intervenor in the appellate trial succeeded to the lawsuit, and the plaintiff withdraws from the lawsuit of this case.

According to the expansion of the defendant's counterclaim claim, the second instance court changed the first instance court's judgment to confirm that the plaintiff's succeeding intervenor paid 17,032,945 won to the defendant, and that the defendant's succeeding intervenor's obligation to pay damages to the defendant does not exceed the above amount does not exist.

Daegu District Court Decision 2013Na4799, 2013Na4805 (Counterclaim), hereinafter referred to as "Supreme Court Decision 2013Na4805 (Counterclaim") Decided November 20, 2013").

Although the Defendant appealed against the judgment subject to a retrial, on April 10, 2014, the judgment was rendered on April 10, 2014 (Supreme Court Decision 2013Da100989, 2013Da10096 (Counterclaim)). Around that time, the judgment subject to a retrial became final and conclusive.

On May 9, 2014, the Defendant filed a lawsuit for retrial of this case.

2. Determination:

A. The defendant's summary of the argument.