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1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked, and
Reasons
1. Basic facts
A. The Plaintiff is an insurer who has concluded an automobile insurance contract with B and C (hereinafter “Plaintiff”)
B. At around 15:20 on June 17, 2016, the Defendant driven a D-wheeled Vehicle (hereinafter “Defendant vehicle”) on the 74-lane, Yangsan-si, Yangsan-si, and changed the lane to one lane while driving the vehicle along the three-lanes from the 7 intersection to the private-ranged side in the vicinity of the intersection. On the other hand, the lower part of the Plaintiff’s right side of the vehicle, which was straight along the same direction, was shocked by the front part of the Defendant’s vehicle.
(hereinafter referred to as “instant accident”). C.
On December 20, 2016, the Defendant: (a) drafted a written agreement on December 20, 2016, stating that “the Defendant would have agreed to collect the following amount including the liability insurance premium from the Plaintiff as the damages; (b) later, waive all rights related to the instant accident; and (c) for any reason, would not file a civil or criminal lawsuit or objection; (d) the amount received: KRW 1,200,000; and (e) the content of the written agreement (hereinafter “instant agreement”); and (e) the Plaintiff paid KRW 2,637,730,730, including the aforementioned agreement, to the Defendant, under the pretext of treatment and agreement between September 21, 2016 to February 9, 2017.
[Ground of recognition] Facts without dispute, Gap evidence 1 to 5, Eul evidence 1 to 4 (including branch numbers for those with serial numbers) and the purport of the whole pleadings
2. The defendant asserts that the lawsuit of this case seeking the return of advance payment to the defendant against the plaintiff is unlawful as it was brought against the agreement of this case corresponding to the non-committee agreement.
According to the above facts, the agreement of this case is civil and criminal, according to the defendant's waiver of all rights to the plaintiff in the accident of this case.