1. With respect to traffic accidents listed in the attached list, the Plaintiff (Counterclaim Defendant) based on the mutual aid agreement stated in the same list.

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The Plaintiff is a mutual aid business entity that entered into a mutual aid agreement with Samsung Passenger Co., Ltd. with respect to B buses (hereinafter “Plaintiff buses”).

B. A around 23:45 on February 6, 2016, driving the Plaintiff bus and operated the first line road in front of the 39 Enterprise Bank, Yongsan-gu, Yongsan-gu, Seoul. Around February 6, 2016, a vehicle parked on the right-hand side of the road, had a part of the Defendant’s hand on the back wheels of the Plaintiff bus, and the vehicle parked on the right-hand side of the road, which led to the Defendant’s loss on the back wheels of the Plaintiff bus, etc.

(hereinafter referred to as "the accident of this case"). 【The ground for recognition' is without dispute; Gap 1 to 7 evidence; Eul 3 and 4 evidence (including each number); and the purport of the whole pleadings.

2. The parties' assertion

A. The Plaintiff sought confirmation that the instant accident was caused by the Defendant, who was drunk, beyond his own road and was shocked with the rear wheels of the Plaintiff bus, and thus, there was no likelihood that the Plaintiff’s bus driver could have predicted or avoided the occurrence of the accident. Therefore, the Plaintiff’s claim as the principal claim does not have a liability for damages arising from the instant accident.

B. As to this, the Defendant claimed the payment of damages incurred by the Defendant due to the instant accident as a counterclaim, since the instant accident occurred due to negligence by the Plaintiff bus driver who failed to fulfill his duty of care for driving.

3. Determination

(a) Where a person who operates an automobile for himself has killed or injured another person by such operation, he shall be liable to compensate for the damages;

[Guarantee of Automobile Accident Compensation Act (hereinafter “Act”)

[Article 3] However, in cases where a person who is not a passenger dies or is injured, he/she and his/her driver did not neglect to pay attention to the operation of his/her motor vehicle, and intention to do so to a third party other than the victim or himself