1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Facts of recognition;

A. At around 09:50 on February 22, 2010, C driven a D passenger car (hereinafter “Defendant vehicle”) and proceeded with the national highway No. 31 of the 31 (e.g., the island village population of Gyeong-gun, North nutrition group, into a water surface area from the troupe of the troupbing bank, and esch Rexn vehicle operated by the Plaintiff was predicted.

(hereinafter “instant accident”). B.

The defendant is an insurer who has entered into a comprehensive insurance contract regarding the defendant vehicle.

C. From July 15, 2010 to December 28, 2012, the Defendant paid the Plaintiff KRW 11,353,250 as medical expenses. D.

On May 19, 2016, the Defendant filed an application for conciliation with the Daegu District Court Decision 2016ss. 207 (hereinafter referred to as “ separate application for conciliation”) to the effect that the Defendant does not have the obligation to compensate for damages due to the instant accident, and the same year.

8. 16. Withdrawal of the above application

[Ground of recognition] Facts without dispute, Gap 1 through 9 evidence, each entry (including partial numbers) in Eul 1 through 3 evidence, and the inquiry results about F of this court's fact, the purport of the whole pleadings

2. According to the facts acknowledged prior to the determination of the Plaintiff’s cause of claim, the Defendant is liable to compensate the Plaintiff for the damages caused by the instant accident, unless there are special circumstances, as the insurer of the Defendant vehicle.

3. Judgment on the defendant's defense

A. The Defendant’s defense and determination (1) The Plaintiff’s right to claim damages against the Defendant due to the instant accident became extinct by prescription.

(2) The claim for damages due to a tort is extinguished by prescription, unless it is exercised by the victim or his legal representative for three years from the date when he became aware of the damage or the perpetrator. The "date when he became aware of the damage" means that the victim or his legal representative has actually and specifically recognized the damage, and in ordinary cases, the victim was aware of the damage when he suffered the injury.

(Supreme Court Decision 2009Da99105 Decided April 29, 2010, etc.). We examine the instant case.