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(영문) 대구지방법원 2015.03.26 2014나15284

손해배상(기)

Text

1. The defendant's appeal is dismissed.

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

3. Paragraph (2) of the text of the judgment of the first instance;

Reasons

1. Basic facts

A. From July 201, 201, Plaintiff A was employed by the Defendant as a wooden hole and was engaged in the work to remove defective trees with mechanical saws. On August 11, 201, Plaintiff A was faced with an accident where the killed trees, which were able to be able to be able to be dried at the top of the top of the saws, along with the wooden trees. (hereinafter “instant accident”).

B. Due to the instant accident, Plaintiff A suffered injury from the scarcity scarcity scarcity scarcity scarcity scarcity scarcity scarcity scarke and 12 chest 1st century (hereinafter “instant injury”). On the day of the instant accident, Plaintiff A received hospitalized treatment by September 9, 201 after receiving scarcity scarcity scarcity scarke and pelke scarke scarke at the Busan National University Busan National University Hospital.

C. Plaintiff B is the wife of Plaintiff A, and Plaintiff C is the child of Plaintiff A.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1, 2, 8, Eul evidence Nos. 3, the result of the commission of physical examination to the president of the Ganbuk University Hospital at the court of first instance, the result of the commission of medical examination to the president of the Gannam University Hospital at the court of first instance, the purport of the whole pleadings

2. As to the plaintiffs' claim against the defendant for damages arising from the accident in this case, the defendant agreed not to claim compensation for damages incurred on September 9, 201 between the plaintiff A and the defendant, and thus, the lawsuit in this case is unlawful as it was filed against the non-committee agreement.

In principle, if the perpetrator and the victim agree to receive a certain amount of amount and waive the remainder of the claim for damages caused by a false tort, it shall not be allowed to file a claim for damages exceeding the agreed amount on the ground that the subsequent damage has occurred: Provided, That it is impossible to expect the subsequent damage in view of the circumstances at the time of agreement.