손해배상(자)
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Basic Facts
A. On January 3, 2011, the Plaintiff concluded a comprehensive motor vehicle insurance contract with the Defendant and the Plaintiff regarding the B bargaining motor vehicle owned by the Plaintiff (hereinafter “instant motor vehicle”) setting the insurance period from January 3, 201 to January 3, 2012.
(hereinafter “instant insurance contract”). (b)
On January 25, 2011, the Plaintiff, while driving the instant vehicle at around 22:15, was faced with the instant vehicle due to the relationship where the instant vehicle was driven on the road in front of the gral gral gral gral, etc. in the gral gral gral, the Plaintiff was faced with an accident.
(hereinafter “instant accident”). Accordingly, the Plaintiff was hospitalized for six days from January 26, 201 to January 31, 2011.
C. On February 8, 2011, the Plaintiff drafted a written agreement with the Defendant and the instant accident, stating that “The Plaintiff shall sign and seal this agreement to give up all rights related to the instant accident and not to file a civil or criminal lawsuit or objection for any reason,” stating that “The Plaintiff shall sign and seal this agreement to certify that the amount of the insurance proceeds received (including materials, suspension of business, damage to business, and future treatment expenses) is KRW 58,000.”
(hereinafter “The First Agreement”) and the Defendant paid KRW 588,00 to the Plaintiff on the same day in accordance with the said Agreement.
However, the Plaintiff requested the Defendant to pay additional medical expenses and non-business suspension damages, etc., and the Defendant paid the Plaintiff KRW 1,271,000 on January 18, 2013, and KRW 124,000 on April 5, 2013 as the provisional payment.
E. On June 28, 2013, the Plaintiff determined the amount of insurance money received (including all the amount of damage for disability, suspension of business, and other losses) with respect to the instant accident as KRW 5,983,00,00, and “a civil or criminal lawsuit or objection is not raised against the Defendant’s and the instant accident for any reason.”