1.The judgment of the first instance shall be modified as follows:

B On September 18, 2009, at around 07:50, the C Mt Motor Vehicle is operated.

1. Basic facts

A. The Plaintiff is an insurer that entered into an automobile insurance contract on January 21, 2009 with B and C Emat Vehicles (hereinafter “Plaintiff-Vehicle”).

B. On September 18, 2009, B, while driving the Plaintiff’s vehicle on a road between the Masan-dong apartment and the Habalym apartment in Gyeonggi-do and the Habamblym apartment, the Defendant’s vehicle, which was stopped for the signal atmosphere, shocked the part behind the Defendant’s driver’s vehicle, which was parked for the signal atmosphere.

(hereinafter referred to as “Defendant vehicle” and the above accident is referred to as “instant accident”). C.

From September 18, 2009 to September 28, 2009, the date of the occurrence of the instant accident, the Defendant was hospitalized in the Ixinary Department and received treatment for the Womanal and the Ixinary Salt, and the Plaintiff paid KRW 494,00 for these treatment costs.

On September 24, 2009, the Plaintiff and the Defendant agreed on September 24, 2009 during the hospitalization period that “The Defendant received 1.2 million won from the Plaintiff for the damages incurred due to the instant accident as damages, and agreed to do so, so thereafter, the Plaintiff and the Defendant agreed to waive all rights thereto and promise not to file a civil or criminal lawsuit or objection even for any reason” (hereinafter referred to as “instant secondary action agreement”). At that time, the Defendant received 1.2 million won from the Plaintiff.

[Ground of Recognition] Facts without dispute, Gap evidence 1, 4, 5, Eul evidence 1 and 8, Gap evidence and video, Eul witness E's testimony and the purport of the whole pleadings

2. The parties' assertion

A. According to the Plaintiff’s agreement on the Plaintiff’s main lawsuit, there is no insurance payment obligation against the Defendant regarding the instant accident due to the Plaintiff’s agreement on the instant secondary lawsuit.

Nevertheless, since the defendant claims the payment of insurance money, it is sought to confirm that there is no obligation of the plaintiff to pay insurance money to the defendant related to the accident of this case.

B. The Defendant’s assertion and the counterclaim agreement of this case 1 is that of the Plaintiff’s counterclaim.