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(영문) 서울중앙지방법원 2019.10.18 2016가단5310018

손해배상(자)

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. On May 24, 2014, at around 19:09, C driven a Drocketing vehicle (hereinafter referred to as “Defendant vehicle”) and passed through through through the Hall ETol Stop on the expressway from the road to the surface of the f.m. on the road, C shocked the Plaintiff, as follows, who was crossing the said road from the right direction to the left side of the road as follows:

(hereinafter referred to as the “instant accident”). EF

B. The Plaintiff suffered injury, such as cutting the pelvis at the bottom of the pelvis and pelvis, cutting the pelvis, cutting the body pelvis, and cutting the body pelvis, due to the instant accident, and received hospitalized treatment from May 24, 2014 to September 30, 2014.

C. The defendant is an insurer who has concluded a comprehensive automobile insurance contract against the defendant vehicle.

On February 26, 2015, the Plaintiff: “The amount received: 4,300,000 won”; and “The content (a condition of agreement: the amount of consolation money and other expenses to be incurred in the future for damages” (hereinafter referred to as “the agreement in this case”) are written agreements in which the following amount is received from the Defendant as the compensation for damages, and mutually agreed upon, and all rights (including all rights under the law regarding joint tort) thereafter are waived; provided that there is no reason to file a civil or criminal lawsuit or objection; and signed this agreement as evidence of the next day.”

The Plaintiff prepared a contract and received KRW 4,300,00 from the Defendant around March 2, 2015. Meanwhile, at the time of the instant accident, the Plaintiff, who was working as the leader of the ETol department, was recognized as an occupational accident under the Industrial Accident Compensation Insurance Act, and was at the time of the instant accident, paid KRW 9,880,880,880, and KRW 15,368,560, (20, April 11, 2015, and KRW 384,120, and KRW 3,984,40, and KRW 7,076,076.