1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

3. The text of the judgment of the court of first instance is set forth.

1. Facts of recognition;

A. At around 13:50 on November 12, 2012, the Defendant suffered injuries, such as knee, knee, light knee, knee, part of hand kne, knee, knee, knee, knee, tension, etc., due to a traffic accident that occurred while boarding a vehicle in which a comprehensive automobile insurance contract with the Plaintiff was concluded (hereinafter “instant

B. On January 16, 2013, the Defendant agreed with the Plaintiff to receive KRW 5.6 million from the Plaintiff as a whole the legal damages arising from the instant accident, waive all rights related to the instant accident, and not file a civil or criminal lawsuit or objection for any reason (hereinafter referred to as “agreement on the Plaintiff’s lawsuit”).

C. The Plaintiff paid KRW 5.6 million to the Defendant in accordance with the agreement on the instant secondary action, and paid KRW 2,656,970 for hospital treatment expenses incurred until January 28, 2013.

After the Defendant’s agreement to bring an action against the Plaintiff, the Plaintiff filed a lawsuit for the confirmation of existence of obligation with the Seoul Central District Court 2013dan50807, which filed a lawsuit for the confirmation of existence of obligation with the Seoul Central District Court 2014Kadan203852, and the Defendant filed a lawsuit for damages claim as a counterclaim.

(hereinafter, the above principal lawsuit and counterclaim together are referred to as “prior action lawsuit”). E.

On July 8, 2016, the court accepted the Plaintiff’s claim on the main lawsuit and rendered a judgment dismissing the Defendant’s counterclaim claim on the basis of the result of the medical examination commission, etc., and the judgment became final and conclusive around that time, even if it was related to the instant accident, it cannot be deemed that the disease was already confirmed prior to the agreement on the instant secondary action, which was not foreseeable at that time, and there was insufficient evidence to acknowledge that there was an external stress disorder caused by the instant accident after the agreement on the secondary action.

F. Meanwhile, the plaintiff is the defendant.