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1. The Defendant’s KRW 58,436,683 as well as the Plaintiff’s annual rate from May 30, 2015 to November 28, 2019, and the following.
Reasons
1. Facts of recognition;
A. The Defendant is an insurer who has entered into a comprehensive automobile insurance contract with C Co., Ltd. (hereinafter “C”) and D2.5 tons of vehicles owned by it (hereinafter “Defendant vehicles”).
B. On May 30, 2015, E, while driving a Defendant vehicle at the workplace of the FF Co., Ltd. (hereinafter “F”) located in the city of ASEAN (hereinafter “F”), became a conflict without discovering the Plaintiff who was in a mobile phone from the front part of the vehicle and was in a mobile phone.
(hereinafter “instant accident.” The Plaintiff suffered injuries, such as the Hadern salt, the right-hand salt, etc., due to the instant accident.
C. On June 5, 2015, the Plaintiff drafted a written agreement (hereinafter “instant agreement”) stating that “the Plaintiff received KRW 2,500,000 from the Defendant as legal damages (including medical expenses after maturity) and waiver of all rights to claim damages in connection with the instant accident, and does not file a civil lawsuit or objection for any reason,” and received KRW 2,50,000 from the Defendant.
In relation to the instant accident, the Defendant filed a complaint against the Plaintiff on the charge of insurance fraud, but was subject to a disposition that the Plaintiff was suspected of being on October 16, 2018.
[Reasons for Recognition] Facts without dispute, Gap evidence 1 through 5, 8, 10 evidence, Eul evidence 2 to 8, the purport of the whole pleadings
2. Determination on this safety defense
A. The defendant's assertion that the lawsuit of this case is unlawful as it is filed against the agreement on the lawsuit of this case.
B. As to the tort damages caused by the judgment 1, when the perpetrator and the victim agreed to receive a certain amount and waive the remainder of the claim, the damage was incurred thereafter.
The damages can not be claimed again, but the agreement is not long after the accident, which is the cause of the damages.