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(영문) 서울중앙지방법원 2017.07.21 2017나11635

손해배상(자)

Text

1. All appeals by the defendant against the plaintiffs are dismissed.

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

purport, purport, and.

Reasons

1. Even if the assertion of the original defendant and the evidence presented in the first instance court and the trial are closely examined, it does not seem that there was any error in the fact-finding and judgment of the first instance court.

Therefore, the reasons for the judgment of the court of first instance are as follows, except in cases where part of the judgment of the court of first instance is dismissed or added, and therefore, it is identical to the reasons for the judgment of the court of first instance.

2. Forms 4, 18, 5, and 5 shall apply to the part of the court of first instance to be dried or added as follows:

2) The defendant asserts that the defendant cannot be held liable for damages since the plaintiffs agreed to waive all rights to the obligor for damage between the Matz fire and Matz fire.

In full view of the respective statements and arguments in Eul evidence Nos. 1 and 2, it can be recognized that the agreement was written by the plaintiffs to receive KRW 136,00,000,000 (except for medical treatment costs) from Mz Fire, and the compensation for the Guarantee of Automobile Accident Compensation Business, which is KRW 100,000,000 (except for medical treatment costs), stating that "(b) the plaintiffs give up all rights to all the liability for damages related to the accident of this case, and (c) delegate all the rights of the plaintiffs to the obligor for the damage of this case to the Mz Fire. In addition, in relation to the accident of this case, the agreement between the plaintiffs and the insurer, who are the heir of the insured, does not have the effect on the defendant, and if the plaintiffs interpret that the plaintiffs renounced their right to claim for damages to the defendant under the above agreement, subrogation acquisition of the victim's right to claim damages pursuant to Article 682 of the Commercial Act is recognized.