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(영문) 서울서부지방법원 2015.10.15 2015가단220934
손해배상(자)
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. Nonparty B driven a C bus around 18:50 on October 18, 2013, and operated a road in the direction of the stop at the Youngdong-dong, Gangnam-gu, Seoul, in the direction of the stop, and was rapidly operated. During that process, Nonparty B, a passenger of the bus, went beyond the vehicle.

(hereinafter “instant accident”). B.

The plaintiff is a mutual aid business operator who has entered into a mutual aid agreement for the bus.

C. In relation to the instant accident, the Defendant filed a lawsuit against the Plaintiff for damages against the Seoul Western District Court 2015Gaso12755, and was sentenced to a judgment in favor of the Defendant on July 23, 2015 by the said court, and the said judgment is still pending in the appellate trial.

Grounds for Recognition: Facts without dispute, Gap evidence 1 through 3, Eul evidence 1 and 2, the purport of the whole pleadings

2. If the interest in confirmation is not recognized in a lawsuit seeking confirmation, the lawsuit shall be dismissed as unlawful and unjust. Thus, the plaintiff's lawsuit of this case is unlawful as there is no interest in confirmation, since the plaintiff's lawsuit of this case is not a counterclaim but a separate lawsuit filed by the defendant against the defendant, and the defendant filed a lawsuit against the plaintiff as to the same subject matter of lawsuit as the lawsuit for confirmation of existence of the debt of this case against the defendant, and was sentenced to a judgment in favor of the defendant on July 23, 2015 by the above court, and the fact that the plaintiff is dissatisfied with the above judgment and is currently pending in the appellate court.

[On the other hand, the defendant submitted a written consent as to the withdrawal of the lawsuit on July 29, 2015 on August 24, 2015 and reversed it and submitted a written consent as to September 16, 2015. However, as long as the defendant has consented to the withdrawal of the lawsuit once again, the withdrawal of the lawsuit does not become effective, and even if the defendant consents again to the withdrawal of the lawsuit, the withdrawal of the lawsuit shall not become effective (see Supreme Court Decision 69Da130, 131, 132, May 27, 1969).3.

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