손해배상(자)
1. Of the instant lawsuit, the part concerning the claim for lost income, loss of business suspension, and consolation money shall be dismissed.
2. The defendant shall be the plaintiff.
1. On September 4, 2012, at around 09:15, the Plaintiff’s summary of the Plaintiff’s assertion is a passenger boarding the front of the Daststa taxi running in the direction of two kinds from the gale distance to the gale distance, and E drives a FNH car (hereinafter “instant Ga”). The Defendant is an insurer running a non-life insurance business, running a non-life insurance business for the instant Ga driving vehicle.
At the same time, the central line of yellow solid lines was installed on the above roads, and the lower surface was cut off.
Nevertheless, E, without speeding about about 70 km in speed, was sleeped while driving as it is, and slicked, facing the wind that goes beyond the central line, and the left front part of the said taxi was shocked by the part of the left front part of the instant taxi.
(hereinafter “instant accident”). The Plaintiff suffered injuries, such as the head cover opening, due to the instant accident.
Therefore, the Defendant, as an insurer who acquired automobile insurance for the instant vehicle, is obligated to pay the Plaintiff damages or insurance proceeds equivalent to the amount of damages for delay (274,91,857 won (242,661,706 won from lost earnings of KRW 22,200,151 for business suspension losses of KRW 1,450,000 for future medical expenses of KRW 3,600 for future medical expenses of KRW 1,60,000 for KRW 5,000 for damages) and damages for delay.
2. Judgment on the Defendant’s main defense
A. As to the plaintiff's claim for damages or insurance money due to the main intent of this safety defense and the accident in this case's judgment, the defendant asserts that it is unlawful as it violates the non-litigation agreement between the plaintiff and the defendant.
If there is a dispute over a specific right or legal relationship but the non-litigation agreement is reached, there is no benefit in the protection of rights.