손해배상(자)
1.The judgment of the first instance shall be modified as follows:
The consolation money that occurred due to an injury in the lawsuit of this case.
1. The reasoning for this Court’s explanation is as follows: (a) the reasoning for this part of the judgment of the court of first instance is as stated in Paragraph (1) of the same Article; and (b) this part is cited by the main text of Article 42
2. Determination on this safety defense
A. Comprehensively taking into account the purport of the evidence No. 8 and the entire arguments, the Plaintiff, on May 31, 201, may recognize the fact that on May 31, 201, between the Defendant’s insurance company and Hyundai Marine Fire Insurance Co., Ltd., the Plaintiff agreed to the following contents:
- Agreement - With respect to the damage of the "A" due to an automobile accident caused by the heading vehicle (other vehicles owned by the owner) of the "B" at the end of the month at the end of the month, as the "A" or the agent of the "B" has agreed to receive the following amounts, including the liability insurance money for motor vehicle accident compensation, from the "B" or the agent of the "B" as the damages amount, and only mutually agreed to do so, it would give up all the rights related to the accident and, for any reason, not to file a civil-criminal lawsuit or objection.
In addition, in order to confirm that he/she has been issued an explanation of important matters that affected the damage evaluation and a detailed statement of the payment of insurance proceeds from the certified damage evaluator in charge, he/she shall sign and seal
Amount to be received (800,000 won): Amount to be paid by the perpetrator as a whole (in all cases of hospital treatment by June 4, 2012) under the law that the perpetrator shall bear: Provided, That in the future, the additional compensation key shall be within three years from the date of the accident according to the medical doctor's opinion at the time of occurrence of the aftermath disability in connection with the traffic accident).
B. According to the above facts of recognition, it is reasonable to view that the Plaintiff and the Defendant agreed on the full amount of damages under law, including medical expenses and consolation money in relation to physical injury, among the Plaintiff’s damages caused by the instant accident, and thus, they claim consolation money due to an injury in the instant lawsuit.