채무부존재확인
1. The counterclaim of this case shall be dismissed.
2.Annex.
1. Basic facts
A. The Plaintiff is an insurer who has concluded each comprehensive automobile insurance contract with respect to B vehicles (hereinafter “1 vehicles”) and C vehicles (hereinafter “2 vehicles”).
B. On November 12, 2012, the Defendant was on board the 2nd vehicle at around 13:50 on November 12, 2012, resulting in injuries, such as knee, knee, knee, trine, light, knee, and knee, knee, knee, kne, and kne
C. On January 16, 2013, the Defendant agreed with the Plaintiff to receive KRW 5.6 million from the Plaintiff as a whole the legal damages arising from the instant accident, waive all rights related to the instant accident, and not file a civil or criminal lawsuit or objection for any reason (hereinafter referred to as “agreement on the Plaintiff’s lawsuit”).
The Plaintiff paid KRW 5,60,000 to the Defendant with the agreed amount pursuant to the agreement on the Plaintiff’s lawsuit, and paid KRW 2,656,970 to the hospital treatment cost incurred by January 28, 2013.
E. After the Defendant’s agreement on the instant action, the Plaintiff filed a lawsuit to confirm the existence of the obligation of this case as the principal lawsuit, and the Defendant filed a lawsuit to claim damages of this case as a counterclaim.
[Reasons for Recognition] Unsatisfy, Gap 1-5, 7, 8 evidence, the purport of the whole pleadings
2. The assertion and judgment
A. The Defendant’s assertion 1) After the agreement on the Plaintiff’s action, was diagnosed as an brupt after the agreement on the Plaintiff’s action, and was affected by stress. Since the post-treatment agreement was made that was entirely unexpected at the time of the agreement on the Plaintiff’s action, the Plaintiff is responsible for compensating the Defendant for damages for KRW 12 million and KRW 13 million, which are part of the lost income damages caused by the agreement on the Plaintiff’s action. 2) The Defendant’s bruption of the Plaintiff’s brush did not have a causal relationship with the instant accident, even if it was related to the instant accident, the agreement on the Plaintiff’s action was made.