손해배상(자)
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
1. According to Gap evidence No. 1 and evidence No. 2-1 of the plaintiff's claim, the plaintiff's accident of collision between the vehicle operated by the plaintiff and the vehicle that the defendant entered into an automobile insurance contract as an insurer (hereinafter "the accident of this case") on August 7, 2014, and the fact that the plaintiff received multiple outpatients of hospital treatment is recognized.
However, according to the evidence No. 2-2, on November 11, 2015, the Plaintiff received 3 million won agreement from the Defendant on the “all of the legal damages including future medical expenses in connection with the instant accident” from the Defendant, and waivers of all of the rights of the Defendant and other (in relation to the instant accident), and does not raise a civil or criminal lawsuit or objection even if any reason exists.
In addition, if the diagnosis of the post-employment disability that has a proximate causal relation with the traffic accident is issued, or if a serious damage occurs due to the proximate causal relation with the traffic accident, separate compensation shall be
"Recognizing the fact that the agreement was made, such agreement constitutes an agreement to bring an action."
However, the transportation cost of KRW 584,00 for the outpatient 73 medical treatment sought by the Plaintiff does not fall under the diagnosis of the harm caused by post-treatment and serious post-treatment damage. Accordingly, the instant lawsuit is unlawful because it was brought against the above dispositive agreement, and there is no benefit in the protection of rights.
2. In conclusion, the plaintiff's claim of this case is dismissed as it is unlawful, and the judgment of the court of first instance is just in conclusion, and the plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition.