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1. The Defendant’s KRW 62,080,606 as well as the Plaintiff’s annual rate from February 5, 2010 to April 24, 2015, and the following.
Reasons
1. Facts of recognition;
A. Around 06:00 on February 21, 2008, B driven a C vehicle (hereinafter “Defendant vehicle”) and driven a road front of the Eve point in Goyang-gu D in Goyang-gu, Goyang-si along one-lane from the front side of the Government to the original one-lane, and the driving of the Plaintiff’s driver’s vehicle, which was strokeed beyond the center line due to the driving of the stroke at the above point, was shocked into the front left side of the Defendant’s vehicle, and accordingly, the Plaintiff sustained the injury, such as a scoke, etc.
(hereinafter “instant accident”). B.
The defendant is an insurer who has concluded a comprehensive automobile insurance contract with respect to the defendant vehicle.
C. On April 29, 2008, the Plaintiff agreed with the Defendant to receive 6,500,000 won as damages for the instant accident and waive all rights, and not to file a civil or criminal lawsuit or objection.
(hereinafter referred to as “instant agreement”). [The grounds for recognition] The fact that there is no dispute, Gap evidence Nos. 1, 2, and Eul evidence Nos. 1, 2, and 3, and the purport of the whole pleadings
2. The defendant asserts that the lawsuit of this case is unlawful as it was filed against the above special agreement since the plaintiff agreed on April 29, 2008 to the instant agreement containing a non-committee special agreement.
The facts that the agreement between the Plaintiff and the Defendant was reached are as seen earlier, but on the other hand, considering the following: Gap evidence Nos. 4 (including paper numbers; hereinafter the same shall apply), Eul evidence Nos. 1 through 7; Eul evidence Nos. 1 and 1 through 7; and the overall purport of the arguments as a result of the physical examination on each physical examination on the head of the Ethical University Seoul Hospital and the head of the Ethlcheon-do University Seoul University Hospital;