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(영문) 서울중앙지방법원 2017.06.30 2016가단5072583

손해배상(기)

Text

1. The Defendant: (a) 29,56,230 won to Plaintiff A; and (b) 500,000 won to Plaintiff C and D; and (c) 300,000 won to Plaintiff C and D respectively.

Reasons

1. Basic facts

A. On January 10, 2015, E driven a F vehicle (hereinafter “Defendant vehicle”) around 17:24, 2015, and met the G vehicle of Plaintiff A (hereinafter “instant accident”) who was on the part of the training site for the opposing reserve forces, and was on the part of the sub-committee, with the entrance of the village from the scopic village at the scopic scopic scopic scopic spons from the scopic scopic scopic scopic sponss from the scopic scopic scopic spons

B. Plaintiff B is the wife of Plaintiff A, and Plaintiff C and D are the children of Plaintiff A, and the Defendant is the insurer who entered into an automobile comprehensive insurance contract with respect to the Defendant’s vehicle.

C. On April 21, 2015, Plaintiff A: (a) deemed the Plaintiff’s fault ratio to 15%; and (b) received KRW 3,000,000 as a whole of the statutory damages for the instant accident (including expenses for medical treatment under direct charge) but agreed to receive additional compensation when there is a proximate causal relation with the instant accident within three years from the date of the accident.

(hereinafter “instant agreement” and the above part “Provided, That the agreement in the instant agreement is accompanied by a copy of the same text that reads “a waiver of all rights in relation thereto and a refusal to file a civil lawsuit or objection for any reason.”

[Reasons for Recognition] Unsatisfy, Gap 1-3 evidence, Eul 2 evidence, the purport of the whole pleadings

2. Determination as to the defendant's defense prior to the merits

A. With respect to the instant lawsuit claiming damages by the Plaintiffs on the ground that there was an occurrence of a new or incurable disability to the Plaintiff A, the Defendant, the purport of the proviso of this case is to “compensation for the occurrence of a new or incurable disability that was unexpected at the time of the agreement,” and the agreement is reached between this name and the state of being aware of the fact that there was an infertility, and the Administration, the name and the infertility.