2. The costs of lawsuit shall be borne by the plaintiff (appointed party).

A. On September 2, 2007, the network E (hereinafter “the network”) driven a two-wheeled vehicle with the driver’s license around 17:40 on September 22, 2007 and died due to an accident of collision with the vehicle driven by G that entered into a comprehensive automobile insurance contract with the Defendant (hereinafter “instant accident”).

B. The Appointor D was the deceased’s spouse, the Plaintiff (Appointed Party) and the Appointor B, and C were the deceased’s children, and the Appointor delegated the Plaintiff (Appointed Party) with all the claims for damages (insurance) in relation to the instant accident, and the right to receive money.

C. On December 14, 2007, the Plaintiff (Appointed Party) received KRW 60 million from the Defendant as damages for the instant accident, and at the same time, the Plaintiff (Appointed Party) and the designated parties renounced all the rights related to the instant accident, and agreed not to raise any civil objection or lawsuit.

(hereinafter referred to as “instant agreement”). [The grounds for recognition] The fact that there is no dispute, Gap 1-4 evidence, Eul 1 evidence (including each number; hereinafter the same shall apply), and the purport of the whole pleadings.

2. The parties' assertion

A. Damage sustained by the Plaintiff (Appointed Party) due to the instant accident reaches KRW 111,823,728.

However, the plaintiff (appointed party) and the designated parties, who are the inheritor of the deceased, were only paid KRW 60 million among them by the defendant.

Therefore, the defendant should pay 51,823,728 won (i.e., 111,823,728 won - 60 million won) and delay damages to the plaintiff (appointed parties) and the appointed parties.

B. The Defendant’s defense prior to the merits brought a lawsuit against the instant agreement, which contains an agreement to bring a lawsuit against the Plaintiff (Appointed Party).

Therefore, the lawsuit of this case shall be dismissed as unlawful.

3. Determination

A. According to the above facts, the plaintiff (appointed party) is entrusted with all of the claim for damages and the right to receive damages for the instant accident.