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1. The defendant (Counterclaim plaintiff) shall dismiss the counterclaim;
2. The 12:30 on May 17, 2012, the direction of the Yeongdeungpo-dong Highway at the king-si.
Reasons
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Facts of recognition;
A. The Plaintiff is an insurer who has entered into a mutual aid agreement with respect to B truck (hereinafter referred to as “b truck”).
B. On May 17, 2012, E, while driving a temporary sea truck around 12:30 on May 17, 2012, he stopped the vehicle due to the string of the vehicle at the 2km section of the Gangseo-dong Highway in the direction of the Gangseo-dong Highway, which was at the front of the vehicle, but was at the front of the vehicle, but did not stop, and thereby, he saw the C vehicle behind the D vehicle (hereinafter “victim”).
(hereinafter “instant accident”). C.
The Defendant, who was driving a damaged vehicle, sustained injuries, such as brain-dead, salvine and tensions, grandchildren, and grandchildren, due to the instant accident.
Under the Plaintiff’s payment guarantee, the Defendant received hospitalized treatment at the F Hospital from May 17, 2012 to May 29, 2012, and thereafter received outpatient treatment at the F Hospital, G Hospital, etc. from September 3, 2012, and the Plaintiff paid the aggregate of KRW 2,379,000.
E. On October 9, 2012, which was about five months after the date of the instant accident, the Defendant received 2,000,000 won from the Plaintiff as legal damages, and thereafter agreed that the Defendant would waive all rights to claim damages in relation to the instant accident, and would not file a civil or criminal lawsuit or objection for any reason. The Defendant received 2,00,000 won from the Plaintiff.
(hereinafter. (B) After September 2013, the Defendant was diagnosed of the escape certificate of a conical signboard between the 5th Anniversical test and the 1stal test (hereinafter “the escape certificate of a conical signboard in this case”), and as a result of physical examination, the degree of contribution to the escape certificate of a conical signboard in this case was 40%.
[Ground for Recognition: Facts without dispute, Gap evidence Nos. 1-4, Eul evidence Nos. 1-6 (if any, the number is included), and the court of this Court.