1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. At around 13:20 on November 30, 2012, the Plaintiff completed a DNA swimming pool located in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, in order to leave the water out of the water, and shocked the head of the Defendant, who was iced in one Ra while moving from the water to one Ra, who was in motion to leave the water outside of the water.

(hereinafter “instant accident”). (b)

On December 17, 2012, the Plaintiff was hospitalized in the Chungcheongnamnam University Hospital after the instant accident, and the Defendant paid KRW 3,309,700 for the Plaintiff, including alternative payment of KRW 2,560,000 for the Plaintiff’s medical expenses.

C. On October 25, 2013, the Plaintiff and the Defendant drafted a criminal agreement stating that the Defendant pays KRW 4 million to the Plaintiff (hereinafter “instant agreement”), and on the same day, the Defendant paid KRW 1,000,000, which is a part of the said agreement, to the Plaintiff in cash.

At the time of the instant accident, the Defendant entered into a liability insurance contract with the KB Damage Insurance Co., Ltd. (former LIG Damage Insurance Co., Ltd.; hereinafter “KB Damage Insurance”) with the insurance period from September 8, 201 to September 8, 2046, with the maximum compensation amount of KRW 100 million (one accident).

E. Under the above liability insurance contract, the Plaintiff received total of KRW 21,266,618,00,000,000,000,000 after the enactment of the instant agreement from KB damage insurance.

[Ground of recognition] Facts without dispute, Gap evidence 1, Eul evidence 1 (including a provisional number; hereinafter the same shall apply), Eul evidence 2, testimony E of the first instance trial witness, the purport of whole pleadings

2. Determination

A. The key issue of this case, derived from the plaintiff's assertion of the original defendant, asserted that the plaintiff only paid 1 million won out of the agreed amount under the agreement of this case to the plaintiff, and that the plaintiff did not pay the remaining 3 million won, and therefore, the defendant is obligated to pay it. 2) As to this, the defendant paid 3,412,70 won as the plaintiff's hospital expenses, etc. on December 17, 2012 at the time of the preparation of the agreement of this case, and paid 3,412,70 won as the plaintiff's hospital expenses.