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1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
ex officio, we examine the legality of the instant lawsuit.
1. Facts of recognition;
A. On October 6, 2018, the Plaintiff was involved in a traffic accident where (a) the part of the freight vehicle (hereinafter “instant accident”) was driven in the front of the instant vehicle, which was driven in the area near the west-dong of the Sinung-dong, and was driven in the area near the west-dong of the Sinung-dong, while driving the Sindong Highway on October 15:45, 2018.
B. Since the diagnosis date on October 15, 2018, the Plaintiff was diagnosed to have suffered from injury, such as damage to the fresh, power lines, heat, etc. of the shoulder that requires a stability for about two weeks from the diagnosis date, the Plaintiff was provided medical treatment. As for the damage of the victim due to the automobile accident caused by D vehicles owned by the perpetrator, the victim agreed to receive the following amount, including the mutual aid fund for automobile damage liability, from the Defendant, the perpetrator or his agent, as the tortfeasor’s agent, and to not file any lawsuit or objection related to the accident thereafter.
In addition, I will sign and seal this Agreement as evidence to verify and prove that the perpetrator's agent has been explained important matters affecting the calculation of the amount of damages and items of the payment of the mutual aid money.
Amount to be received: Amount of KRW 9,000,000 and conditions: All damages due to traffic accidents;
C. On January 22, 2019, the Plaintiff made an agreement with the Defendant, the insurer of the said cargo vehicle, as follows (hereinafter “instant agreement”). D.
The Defendant paid KRW 9,00,000 to the Plaintiff on the same day according to the instant agreement, and paid KRW 16,567,340,00 in total to Ewon, etc. 17 times until February 11, 2019.
[Ground of recognition] Facts without dispute, Eul evidence Nos. 1 through 6, Eul evidence No. 7-1 and 2, video, and the purport of the whole pleadings
2. The allegations and judgment of the parties
A. The Plaintiff’s assertion 1 is due to the instant accident.