1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1...

1. Basic facts

A. The Defendant is a mutual aid business entity that has entered into a mutual aid agreement with respect to D buses (hereinafter “instant buses”).

B. At around 12:50 on March 4, 2018, C (hereinafter referred to as “the deceased”) driven a bicycle and proceeded four-lanes in the direction of Kimhae-si, Kimhae-si, the difference between the four-lanes in front of the Kimhae-si, and the three-lane lines was changed from the Gdong Corporation to Kimhae-do, while changing the two-lane lines, the difference between the front side of the bus driven behind the deceased’s bicycle.

(hereinafter referred to as “instant accident”). C.

The Deceased died on December 6, 2018 while receiving treatment due to the instant accident, and the Plaintiff, E, and F inherited the deceased’s property at the rate of 1/3, respectively.

[Ground of recognition] Facts without dispute, entry of Gap evidence 7, 8, 11, and 13 (including branch numbers; hereinafter the same shall apply), Eul evidence 1 video, the purport of the whole pleadings

2. The Defendant, on October 13, 2018, concluded a non-committee agreement with G which is the driver of the instant bus, and therefore, the instant lawsuit is deemed unlawful in violation of the above non-committee agreement. However, the written confirmation (Evidence B-1) presented by the Defendant as the ground for the above non-committee agreement, stating, “A perpetrator, even if there is any reason thereafter, promises to not file a civil or criminal lawsuit or objection against the confirmation of the fact regarding the assignment of the instant claim to the victim.” The subject of the non-committee agreement appears to be related to the Plaintiff’s transfer of the insurance claim against G driver under the pretext of the criminal agreement as the representative of the Deceased, and since the subject of the duty is not the Plaintiff, the non-committee agreement based on the above written confirmation cannot be deemed to be related to the instant lawsuit.

Therefore, the defendant's defense prior to the merits cannot be accepted.

3. The above fact of recognition as to the occurrence of and limitation on liability for damages.