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(영문) 수원지방법원 2015.11.06 2014가단37039

손해배상(자)

Text

1. On September 11, 2012, around 19:15, C-rolling stock in the one-lane road located in Ansan-si Member B, Ansan-si on September 1, 2012.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Occurrence of liability for damages;

A. (i) On September 11, 2013, E driven a C vehicle on September 19:15, 2013 (hereinafter referred to as “AD”) and met with D (the age of 64 at that time) walking at the edge of the said road, where the sidewalk and the roadway are not separated, while driving the vehicle at the same time and driving the one-lane road in the Nansan-si Group B, Nansan-si.

(hereinafter referred to as the “instant accident”). The instant accident caused injury to less than 10 tons, she was killed as a direct death on February 17, 2013, while hospitalized at the hospital from the date of the instant accident and receiving outpatient treatment at the hospital. D was killed as a direct death on February 17, 2013.

Fidelity is an insurer who has entered into an automobile comprehensive insurance contract with respect to a vehicle in the Ghana, and the defendant is D's assistant.

[Grounds for Recognition: Facts without dispute; Gap evidence Nos. 1-7; Eul evidence Nos. 1-9 (including branch numbers, if any); the purport of the whole pleadings]

B. (i) The Plaintiff asserted that the Defendant, who represented D on September 28, 2012, agreed on the instant accident at KRW 1,800,000, which entered into an agreement with the Defendant on behalf of D, and that the said agreement was revoked following the said agreement.

According to the written evidence No. 5, the fact that the written agreement was made is recognized with the agreed amount of KRW 1,800,000 between the Plaintiff and the Defendant who represented by D on September 28, 2012.

Meanwhile, according to the evidence mentioned above, the following facts or circumstances are recognized.

㈎ 원고는 이 사건 본소에서 2014. 3. 11. 수원지방법원 오산시법원에 접수한 조정신청서에 위 합의가 취소되었다는 취지로 기재하였다.

㈏ D 또는 피고는 위 합의금 1,800,000원을 수령한 사실이 없다.

㈐ 원고는 이 사건 본소에서 이 사건 사고와 D의 사망 사이의...