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(영문) 대구지방법원 2021.01.13 2018가단132957

손해배상(자)

Text

1. The instant lawsuit shall be dismissed.

2. Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. Nonparty C driving a D-motor vehicle on March 30, 2017, and was straighted in the direction of the distance from the direction of the four-distance crossing in front of the F cafeteria located in Daegu Suwon-gu E-gu on March 30, 2017 to the direction of the distance from the direction of the street.

In such a case, the driver has neglected his duty of care to drive safely in accordance with the new subparagraph while driving on the front side, and caused the collision of the driver's lebane of the plaintiff's driver who has left-hand to the left in accordance with the new subparagraph of the G market in the direction of the G market by negligence in violation of the signal, and due to the shock, the driver suffered heavy emphasis on the opening of the right-side body in the right-hand body that needs to be treated for 16 weeks.

B. The defendant is an insurer who has concluded a comprehensive motor vehicle insurance contract for the foregoing D motor vehicle.

On July 19, 2017, the Plaintiff and the Defendant agreed with the Plaintiff on the payment of KRW 100 million to the Plaintiff of the full amount of statutory damages (e.g., consolation money, suspension of business, loss loss, amount of profit from loss, sex treatment expenses, metal removal expenses, etc.).

On the condition that the Plaintiff received the above agreed amount, the Plaintiff: (a) donated the right to waive all the rights to claim damages in relation to the above traffic accident to the owner of the Maritime Motor and the Defendant; and (b) delivered it to the Defendant (hereinafter “instant agreement”).

The plaintiff has been found to have a permanent disability in the state where the chronic alleyitis of the father-friendly dystrophism in the present accident.

[Evidence] Evidence No. 1, Eul evidence No. 1, Eul evidence Nos. 1, 2, and 3, the result of the physical appraisal commission to appraiser H, the purport of the whole pleadings

2. Determination as to the legitimacy of the instant lawsuit

A. The plaintiff asserts that the lawsuit of this case is legitimate, since there was any additional damage that was unexpected at the time of the agreement of this case.

B. According to the evidence evidence No. 2, No. 2, and No. 5, the plaintiff now.