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(영문) 서울중앙지방법원 2016.10.28 2014가단132653

손해배상(기)

Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Facts of recognition;

A. The Defendant is an insurer who has entered into a mutual aid agreement with respect to Csi owned by B (hereinafter “Defendant vehicle”).

B. At around 16:10 on September 17, 2013, the driver of the Defendant vehicle: (a) left the Plaintiff in front of the Sungdong-gu Incheon Metropolitan City E Party located; and (b) brought the Plaintiff to the Plaintiff while driving the Defendant vehicle.

(hereinafter referred to as “instant accident”). C.

On November 1, 2013, the Plaintiff received KRW 1,800,000 from the Defendant as agreed money, and agreed to waive all the right to claim damages in respect of the instant accident and not to file a civil or criminal lawsuit or objection. At that time, the Plaintiff received KRW 1,80,000 from the Defendant.

(2) The Defendant paid KRW 1,64,180 out of the Plaintiff’s direct medical expenses, and the National Health Insurance Corporation paid KRW 334,90 to the National Health Insurance Corporation according to the Maritime Ombudsman’s claim for reimbursement, after paying the Plaintiff’s medical expenses.

On October 8, 2013, the Plaintiff was diagnosed of acute base and tension, and the escape of conical signboards between the 4-5th century. In this regard, around November 26, 2013, the Plaintiff was subject to the examination of the escape of the conical signboards. On November 26, 2013, the Plaintiff was subject to the ex post facto ex post facto ex post facto ex post facto ex post facto ex post facto ex post facto ex post facto ex post facto ex post facto ex post facto ex post facto ex post facto ex post facto ex post facto ex post facto ex post facto ex post facto ex post facto ex post facto ex post facto ex post facto

E. According to the result of the court’s entrustment of physical examination to the head of the Systro University Syst Hospital of this Court, the Plaintiff is deemed to have lost 1.4% labor ability of 1.4% (V-D-2-a, and 10% application of Mabro Criteria) since radioactive failure, etc. have permanently left due to the instant accident, such as radioactive failure, due to the instant accident. The Plaintiff is sexually alienated.

It is expected that sexual surgery will be necessary to remove reflects on the left side of the operation of the port.

(hereinafter referred to as “the subsequent disability of this case”). [The ground for recognition] does not dispute, A.