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1. The judgment of the court of first instance is modified as follows.
The defendant shall pay to the plaintiff KRW 30,000,000 and KRW 15,00,000 among them.
Reasons
1. Facts of recognition;
A. On July 28, 2018, the Defendant, a high-pressure gas manufacturing company (hereinafter “instant accident”), caused an accident involving gas leakage from the freezing machinery of the Plaintiff, a representative, around July 28, 2018 (hereinafter “instant accident”).
B. The Plaintiff, who resides adjacent to the foregoing company, was hospitalized in the former hospital from July 28, 2018 to August 2, 2018, from the former hospital from August 2, 2018, from August 2, 2018 to the D Hospital from August 14, 2018, from August 14, 2018, and from August 14, 2018 to August 25, 2018. The Plaintiff received outpatient treatment from the latter hospital due to f’s cromatic disorder, severe anxiety, and water surface disorder.
C. In the instant case, the Defendant was investigated into a criminal case of the former District Prosecutors’ Office 2018 type No. 12792 in the previous District Prosecutors’ Office, and in the criminal conciliation proceeding, the Defendant agreed to the effect that “The agreement of this case (hereinafter referred to as “the agreement of this case”) was reached between the Plaintiff (her agent G) and the Plaintiff on the condition that the Defendant would not want criminal punishment against the Defendant (the Defendant), H, and I would not impose criminal liability against the Defendant (hereinafter referred to as the “Plaintiff”) and the victim (the payment of KRW 15 million on November 20, 2018, and KRW 15 million).
[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 4 (including branch numbers in case of additional number), the purport of the whole pleadings
2. Determination:
A. According to the above facts, as to the agreed amount of KRW 30 million under the agreement in this case and the amount of KRW 15 million out of the agreed amount, the Defendant, barring special circumstances, raised a dispute over the existence and scope of each Defendant’s obligation from December 21, 2018, which was sought by the Plaintiff after the date of payment, as to the amount of KRW 15 million, and from December 21, 2018, which was the date following the date of payment.