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(영문) 전주지방법원정읍지원 2013.11.14 2012가단1649

손해배상(기)

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

가. 원고는 C와 사이에 C가 운영하는 농장에 볏집을 운반해주는 용역을 제공하는 계약을 체결한 후 2004. 10. 21.경 볏짚을 실은 트럭의 조수석 뒷부분에서 트럭에 묶인 줄을 풀고 있었는데, 함께 일하던 D가 볏짚을 내리는 과정에서 위 트럭에 있던 볏짚을 원고 쪽으로 쓰러뜨렸고, 그로 인하여 원고는 제1-2요추간 골절 및 탈구, 불완전 척수손상, 늑골 골절 등의 상해를 입게 되었다

(hereinafter “instant accident”). B.

The Plaintiff and the Plaintiff’s family members entered into a delegation contract with the Defendant regarding a lawsuit seeking compensation for damages arising from the instant accident against C and D, and filed a lawsuit seeking compensation for damages against C and D on November 4, 2004 (hereinafter “the first lawsuit”). A settlement recommendation decision was finalized on October 24, 2006 with the effect that C and D jointly pay KRW 200 million to the Plaintiff by December 31, 2006.

C. Since June 16, 2009, the Plaintiff filed a lawsuit against Jeonju District Court 2009Da3928 for the payment of KRW 94,448,708 for future treatment expenses incurred from the instant accident and KRW 124,176,637 for the payment of KRW 124,77 for the consolation money, KRW 10,000 for the consolation money, KRW 10,000 for the follow-up treatment expenses incurred from the instant accident (hereinafter “the second lawsuit”). In the said lawsuit, C was established on November 9, 2011 for the adjustment to the payment of KRW 23,00,000 to the Plaintiff by December 31, 2011.

[Ground of Recognition] Facts without dispute, Gap evidence Nos. 1 through 5, 7 (including each number), Eul evidence Nos. 1 through 6, the purport of the whole pleadings

2. The assertion and judgment

A. The summary of the Plaintiff’s assertion was delegated by the Defendant, and the Defendant did not claim for the future treatment costs even before the completion of the said lawsuit, while proceeding the lawsuit on behalf of the Plaintiff in the first lawsuit on behalf of the Plaintiff, and the subsequent trial division considered the future treatment costs.