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(영문) 대전지방법원 2015.09.22 2015나101922

손해배상(자)

Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. On May 18, 2006, the Plaintiffs’ networks D (hereinafter “the network”) driven a two-wheeled vehicle and died due to a collision with the vehicle driven by the Defendant and the F, which entered into a comprehensive automobile insurance contract with the Defendant during the course of driving on the road in front of the building in the West-gu, Seoan-gu, Seoan-gu. (hereinafter “instant accident”).

B. Afterward, Plaintiff B delegated the Plaintiff, who is the husband and the father of the Deceased, with all of the claims for compensation for damages (insurance) and the claim for receipt of the instant accident.

C. On September 6, 2006, Plaintiff A received KRW 195 million as damages for the instant accident from the Defendant, and at the same time, Plaintiff A and his heir have prepared and presented a claim for payment of insurance proceeds, receipt and waiver of rights in the lawsuit to the effect that the deceased and their inheritors have renounced all rights related to the instant accident and promised not to file a civil objection or lawsuit any longer.

(hereinafter “instant agreement”). D.

Plaintiff

B filed a lawsuit against the Defendant seeking the payment of damages due to the death of D, who is an ASEAN due to the instant accident, but the said lawsuit was dismissed on September 20, 2010 on the ground that it goes against the non-exclusive agreement, and was unlawful (Seoul District Court Branch Decision 2010Da9746), and the Plaintiff appealed as Daejeon High Court Decision 2010Na7193 on March 30, 201, but the said judgment became final and conclusive on April 19, 201.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 4, Eul evidence 1 to 4 (including each number; hereinafter the same shall apply), the purport of the whole pleadings

2. The parties' assertion

A. The damage suffered by the Plaintiffs due to the instant accident reaches KRW 341,825,00.

However, the Plaintiffs, the inheritor of the deceased, were only paid KRW 195 million from the Defendant.

Therefore, the defendant's each of the plaintiffs 73,412,500 won = (341,825,00 won - 195 million won).