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(영문) 전주지방법원 2019.06.25 2018가단29629

손해배상(자)

Text

1. All plaintiffs' lawsuits are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Facts of recognition;

A. On October 23, 2015, around 21:20, the occurrence of a traffic accident in which the left-hand turn-hand turn-over from the left-hand side of the H driver’s international car (hereinafter “accident”) set up at the four-distance intersection in front of the G restaurant located in F at the Gojin-gu, Jin-gu, Seoul, and the left-hand turn-hand turn-hand turn-on from the left-hand side of the H driver’s international car (hereinafter “instant accident”), and accordingly, the Plaintiff A, who was on the top of the steering of the said car to the left-hand left-hand turn-hand turn-on, sustained the injury, such as the Gyeong and the escape of the conical engine, respectively.

B. The Defendant concluded a comprehensive automobile insurance contract with respect to the accident vehicle.

C. From October 24, 2015 to January 14, 2016, Plaintiff A received hospitalization and outpatient treatment for the injury incurred from the instant accident at the Ma Hospital located in the former State. On January 7, 2016, Plaintiff A was subject to crypology, high-frequency converging, high-frequency, plastic surgery, and psychotropic surgery at the former University Hospital. On May 18, 2016, Plaintiff A received crypology surgery at the latter University Hospital.

Plaintiff

A followed the instant accident, A took into account the result of the medical examination reply to assess the subsequent disability, which serves as the basis for calculating the amount of damages (applicable to 9.2% of the labor ability, loss of three years in the future, contribution rate of 40%), and written an agreement with the Defendant that set the amount of damages at KRW 7,90,000, around February 26, 2016. Of them, “The victim, due to the instant accident, has clearly received the said damages from the Defendant, who is an insurance company, and has agreed to do so mutually and smoothly, then all rights related to the instant accident (all legal damages, consolation money, loss of suspension of business, other damages, loss of disability, medical insurance expenses) shall be waived, and there is no objection to a civil lawsuit or objection.”