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1. The instant lawsuit shall be dismissed.
2. Of the costs of lawsuit, the costs of physical examination are assessed against the Defendant and the remainder of the costs of lawsuit.
Reasons
1. Basic facts
A. On July 19, 2015, around 00:40 on July 19, 2015, the Plaintiff: (a) a vehicle B (hereinafter referred to as “Defendant vehicle”) coming into a collision between the Plaintiff and the Republic of Korea (hereinafter referred to as the “instant accident”) while getting on and going on a otoba, on the alley-dong, Ulsan-gu, U.S.-dong (hereinafter referred to as “the instant accident”).
B. The Plaintiff suffered injuries, such as the pelvis of the right winger, stowing stoves, tensions, etc., due to the instant accident.
C. On July 28, 2015, the Defendant: (a) concluded a comprehensive automobile insurance contract with respect to the Defendant’s vehicle; (b) entered into an agreement with the Defendant on July 28, 2015 (hereinafter “instant agreement”) stating that “The Defendant would smoothly agree by paying KRW 4 million to the Plaintiff as damages; and (c) thereafter, waive all rights thereto; and (d) does not file a civil lawsuit or objection with respect to any of the grounds. However, even though the amount of the said agreement is legally integrated liability for damages arising from the instant accident, the said agreement may be legally integrated, but if an unexpected injury or disease is discovered, such as requiring surgery by a medical specialist, etc. due to the instant accident, such agreement may be revoked” (hereinafter “instant agreement”).
[Reasons for Recognition] Facts without dispute, entry B in the evidence of subparagraphs 1 through 6, the purport of the whole pleadings
2. The plaintiff and the defendant agreed to compensate the plaintiff for damages incurred by the accident in this case by paying 4 million won to the plaintiff, and subsequently agreed not to institute a civil lawsuit in connection with the accident in this case. However, even according to the above agreement, if there is an unexpected severe injury or disease in need of surgery due to the medical diagnosis of a medical specialist, etc. within 3 years in the future, the fact that the agreement can be revoked is determined as above.
However, it is affiliated to the Human Rights University.