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(영문) 춘천지방법원원주지원 2014.11.18 2014가단4445

약정금

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. B, around 22:17 October 1, 2013, driving a C C C C C C C, driving along the two-lanes in front of the “Rottenan Tri Service Center,” which was located in the early early high speed, and did not discover any bicycle driven by D, and received the rear wheels part of the said bicycle in front of the right part of the said car.

(hereinafter “instant traffic accident”). D died on the job due to the instant traffic accident.

B. The owner of the B or the above car at hand did not subscribe to liability insurance under the Guarantee of Automobile Accident Compensation Act with respect to the said car.

Therefore, on January 27, 2014, the Plaintiff, a guarantee business operator under the Guarantee of Automobile Accident Compensation Act, paid 100 million won to the Defendant who represented the minor children as the wife D.

C. However, the Defendant submitted to the Plaintiff a written claim for the payment of compensation for a livelihood security project, stating that “If the Plaintiff received or will receive the compensation from the perpetrator, the full amount of the compensation received shall be immediately returned to the Plaintiff within the limit of the amount received.”

(hereinafter referred to as the “instant arrangement”) d. of the same text.

Meanwhile, due to the instant traffic accident, B was indicted of violating the Act on Special Cases Concerning the Settlement of Traffic Accidents, etc. under the jurisdiction of the Chuncheon District Court as the Seocho Branch Branch Office 2013Kadan546, May 22, 2014 in the course of the trial, and on May 22, 2014, the Defendant deposited KRW 60 million as compensation for damages, but the sentence of imprisonment with labor for one year was imposed on May 28, 2014. The appellate court additionally deposited KRW 10 million as compensation for damages against Defendant on August 28, 2014 during the trial of the instant case (Seoul Branch Branch Office 2014No263, the appellate court, which was the same appellate court, but was additionally deposited with Defendant on August 28, 2014, and the said appellate judgment became final and conclusive at that time.

[Reasons for Recognition] Facts without dispute, Gap evidence 1 to 4, 6 to 10, and Eul evidence 8, respectively.