1. The instant lawsuit shall be dismissed.

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

1. The following facts may be acknowledged in full view of the entries in Gap evidence Nos. 1 and 5 (including paper numbers; hereinafter the same shall apply) and the purport of the whole pleadings.

B around 00:58 on August 21, 2015, around 00:58, when driving a car on the front side of the Sinnam-si, Sungnam-si, by neglecting the duty of front-way watch while driving the car on the front side of the Sinnam-si, and caused D (Ef) a Chinese passenger who without permission crossings the above crosswalk under the red signal of Mad pedestrian signal.

(hereinafter “instant accident”). (b)

D died due to the instant accident, such as an acute heathroopsis, etc.

(hereinafter referred to as “D”). (c)

The Chinese plaintiff is the only heir as the deceased's child, and the defendant is the insurer who entered into an insurance contract with respect to the above vehicle.

On October 23, 2015, the Plaintiff agreed with the Defendant on the condition that the Defendant receive KRW 60 million as damages for the instant accident (hereinafter “instant agreement”).

However, the written agreement (Evidence A No. 4) in which the Plaintiff prepared and delivered to the Defendant upon the above agreement entered into with the Defendant, stating that “The following amount has been clearly received from the Masung Fire Marine Insurance Co., Ltd. as damages and agreed to be mutually agreed upon, thereafter, waives all rights thereto, and does not file a civil or criminal lawsuit or objection and sign and seal on this agreement as evidence after the date on which any reason exists, shall be signed and sealed on this agreement,” and that “I waives all rights related to the accident as a whole in law, such as funeral expenses, consolation money, profits from loss, etc., (Provided, That the above amount shall be remitted to the account of F, which is one of the external third villages of the Plaintiff).”

E. The Defendant spent KRW 9,880,660 as the treatment costs of the Deceased.

2. The parties' assertion

A. The Plaintiff’s assertion and the Plaintiff’s loss incurred from the instant accident amounting to KRW 266,595,870, and the Plaintiff, the inheritor of the Deceased, is from the Defendant.