1. The instant lawsuit shall be dismissed.

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

1. Basic facts

A. On October 22, 2016, C driven a D vehicle (hereinafter “Defendant vehicle”) around 21:00, and driven the 26-84 road in the Goyang-gu Seoyang-gu, Goyang-si, Goyang Police Station, from the bank of the Goyang Police Station, at a speed of about 50 to 60 km in the speed of the Si/Gun/Gu, depending on three lanes, from the 3-lane, and neglected the duty to drive while maintaining a safe distance from the front vehicle, thereby neglecting the duty to drive the back of the vehicle in the body due to mast, and caused the Plaintiff to incur any injury, such as chilling and tension, by putting the back part of the FPoter’s cargo at the speed of the Fpoter, which the Plaintiff driven, into the front part of the Defendant vehicle.

(hereinafter referred to as "the accident of this case". (b)

The defendant is an insurer who has concluded a comprehensive automobile insurance contract with respect to the defendant vehicle.

C. On December 28, 2016, the Plaintiff and the Defendant drafted a written agreement and a written waiver of rights stating that “The Plaintiff, with respect to the Plaintiff’s damage caused by the instant accident, shall receive KRW 5 million from the Defendant as the compensation for damages and agreed in mutual agreement, and thereafter, the Plaintiff shall waive all rights related to the instant accident and shall not file a civil or criminal lawsuit or objection for any reason.”

[Ground of recognition] Facts without dispute, Gap 2, 8 evidence, Eul 1 and 2 evidence (including each number), video, the purport of the whole pleadings

2. Judgment on the defendant's main defense

A. The gist of the parties’ assertion is that the Plaintiff, due to the instant accident, sustained some injuries such as paralysiss, etc., due to the vertebrate escape, etc., and sought compensation for damages by asserting that it was unexpected damages at the time of agreement. Accordingly, the Defendant asserted that the instant lawsuit was unlawful because it was contrary to the instant agreement, etc., which is the agreement to bring an action against the Plaintiff.

B. Determination is a tort.