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The part against the plaintiff falling under the amount ordered to be paid under the judgment of the first instance shall be revoked.
The defendant.
Reasons
1. Facts of recognition;
A. At around 18:40 on July 28, 2018, the Defendant: (a) driven a car in Cco-gu without a driver’s license with a blood alcohol level of 0.148%; (b) driven a car in front of the E-road located in Gwangju Mine-gu D, and driven the back portion of the Plaintiff’s F rocketing car (hereinafter “Plaintiff’s vehicle”) driven in front of the Plaintiff’s drive while driving the car in front of the E-road located in Gwangju Mine-gu, on a right-hand side.
(hereinafter “instant accident”). (b)
The Plaintiff suffered injuries, such as brain, salk, salvines, tensions, and scarkes, due to the instant accident.
[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 2-1, 2-2, Gap evidence 13-1 to 5, Eul evidence 6-1 and Eul evidence 6-2, and the purport of the whole pleadings
2. Determination on this safety defense
A. The Plaintiff and the Defendant asserted that the instant accident occurred on August 8, 2018, and the Plaintiff agreed to pay KRW 6,000,000 to the Plaintiff, and the Plaintiff did not hold the Defendant liable for civil and criminal liability for the instant accident, and thus, the instant lawsuit is unlawful as there is no benefit of protection of rights.
B. In full view of the facts stated in Gap evidence No. 9 and the purport of the entire pleadings, the defendant prepared and submitted to the investigation agency the "Agreement on Motor Vehicle Accident (hereinafter "the Agreement") stating that "I will submit to the investigation agency a written agreement signed and sealed on August 8, 2018 between the plaintiff and the plaintiff on which the defendant was investigated as criminal cases of violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) and violation of the Road Traffic Act (driving and Driving without Driver's License) with respect to the accident of this case." The defendant paid KRW 6,00,000 to the plaintiff in the process of such agreement.
However, evidence Nos. 9, 10, 12, and No. 6-1, 6.