1. The instant lawsuit shall be dismissed.

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

1. Basic facts

A. At around 02:24, April 27, 201, B driven a C vehicle (hereinafter “Defendant vehicle”) and got behind the Plaintiff’s D vehicle waiting for signal at the front line, both sides of the two-way interesting vehicle. The Plaintiff suffered injury, such as the escape certificate of conical signboards between the 5-6 and the 5-6 conical shock.

(hereinafter “instant accident”). B.

The defendant is a mutual aid business operator who has entered into a mutual aid contract for the defendant vehicle.

[Ground for Recognition: Facts without dispute, Gap evidence 1 through 3 (including each number), the purport of the whole pleadings]

2. Determination on this safety defense

A. The Plaintiff seeking compensation for damages of KRW 58,000,000 caused by the instant accident.

As to this, the defendant asserts that the lawsuit of this case is unlawful contrary to the agreement of the denial of lawsuit.

However, according to the statements in Eul evidence Nos. 1 and 6, the plaintiff and the defendant prepared a written agreement on May 6, 201, stating that "the plaintiff receives KRW 2,500,000 as legal damages from the accident of this case, and waives all civil and criminal claims, such as lawsuits for damages," (hereinafter "the agreement of this case"), and on the same day, the defendant paid KRW 2,50,000 to the plaintiff.

Therefore, the instant lawsuit is unlawful as there is no benefit in the protection of rights, since it was filed against the above denial agreement.

B. On the ground that there was an unexpected loss at the time of the agreement, the Plaintiff agreed to the effect that preservation of the post-sign escape certificate would be possible at the time of the agreement in this case, but thereafter, the said agreement was conducted under the circumstances where it is difficult to accurately confirm the scope of the damage, and thus, the Plaintiff may claim compensation for the post-sign damage. 2) As to tort damages.