beta
(영문) 인천지방법원 2016.08.09 2014가단210301

손해배상(자)

Text

1. On May 13, 2013, traffic accidents occurred between B and C Obabaon on the side streets of the Nam-gu Incheon Metropolitan City on the street.

Reasons

1. Basic facts

A. The Plaintiff is an insurance company that entered into a comprehensive motor vehicle insurance contract with respect to the Plaintiff’s vehicle B (hereinafter “Plaintiff’s vehicle”), and the Defendant is a driver of the Oralba (hereinafter “instant Oralba”).

B. On May 13, 2013, a traffic accident was caused by the Defendant’s injury while the Plaintiff’s vehicle was driven at the left or right-hand side in the vicinity of the Seodaemun-gu, Incheon Metropolitan City.

(hereinafter referred to as “instant accident”) C.

After the instant accident, the Defendant received hospital treatment between 42 days and 12 days, and the Plaintiff and the Defendant drafted a written agreement on June 24, 2013 that “the Plaintiff paid the Defendant KRW 2.5 million as damages for the remainder of the instant accident except for the non-humane and non-humane portion in relation to the instant accident, and the Defendant does not file a civil lawsuit or objection except for the non-humane portion in relation to the instant accident in the future.”

(hereinafter “instant agreement”). D.

The Plaintiff paid 2.5 million won to the Defendant according to the instant agreement, and separately from the above agreement, paid 1,000,000 won to the Defendant, and paid 10,010,690 won to the hospital that treated the Defendant in relation to the instant accident.

[Ground for Recognition: Facts without dispute, Gap evidence 1 through 11, Eul evidence 1 through 3 (in the case of vegetable evidence, including each number of evidence), the purport of the whole pleadings]

2. Summary of the parties’ assertion

A. With respect to the Plaintiff’s assertion of this case’s accident, the Plaintiff and the Defendant agreed on the remaining parts except for the two names, which constitutes an agreement to bring an action.

Thus, the amount of damages to be paid to the defendant shall be limited to the part related to the name of the defendant caused by the accident of this case, and the proof that the defendant caused this to the defendant is proved.