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1. The part of the judgment of the court of first instance against the defendant shall be revoked.
2. The plaintiff's claim as to the above cancellation part is dismissed.
Reasons
1. Facts of recognition;
A. On February 16, 2017, at around 10:00, the Defendant: (a) driven a vehicle in a shooting distance prior to the Kimpo-si C original intersection at Kimpo-si; (b) collisioned the Plaintiff’s vehicle located in one lane on the left side (hereinafter “instant accident”); and (c) suffered injury, such as damage of a long-term stop in which there is no open room for treatment for about four weeks, by the Plaintiff.
B. D Co., Ltd., an insurance company that the Plaintiff joined (hereinafter “D”) paid KRW 4,765,450 to the hospital to which the Plaintiff was treated, with the insurance proceeds from an accident by an non-insurance vehicle. On August 24, 2017, the Plaintiff paid KRW 235,990 to the Plaintiff, including the final agreement amount of KRW 2,00,000,000 and the cost of the outside bank room.
The injured party A of the written agreement (for the purpose of accident security by non-insurance vehicles): The injured party A of the accident caused by the perpetrator Eul shall, in agreement with D, be the insurer of the damage caused by Gap, promise to the following matters and sign and seal this agreement as evidence:
1. The fact that Gap has received or agreed on the compensation for damage from the person liable to compensate for damage including Eul (hereinafter referred to as the "person liable to compensate for damage") and has not waived his right to claim compensation against the perpetrator;
2. In accordance with the agreement on the security of injury by an unregistered motor vehicle insurance contract concluded with D with D, the following contents are agreed upon with D and D to transfer the right to claim damages against the perpetrator's side to D, and thus, Gap waives all of its rights and will not file a civil or criminal lawsuit or objection for any reason.
3. In the future, if D is unable to exercise the subrogation right on the part of the perpetrator due to such reasons as receiving damages or giving up the right to claim damages when D exercises the subrogation right on the part of the perpetrator, the amount of the insurance money paid by D Co., Ltd. is to be immediately refunded (agreement terms).