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(영문) 대구지방법원 2019.10.23 2019나307766

손해배상(자)

Text

1. The plaintiff's appeal is dismissed.

2. The part of the instant lawsuit extended by the court shall be dismissed.

3...

Reasons

1. Facts of recognition;

A. On June 17, 2017, the Plaintiff received a medical certificate stating “the first injury (hereinafter “the first injury”) of the disease plehion 11, the plehion plehion, the catum catum catum, etc. (hereinafter “the disease catum”), and the outbreak date.” From June 17, 2017 to July 28, 2017, the Plaintiff was hospitalized in the above member’s hospital.

B. On July 28, 2017, the day of discharge, the Plaintiff agreed with the Defendant on July 28, 2017, that “Around 17:00 on May 26, 2017, a personal taxi F (hereinafter “instant taxi”) was paid KRW 3,70,00 to the Plaintiff’s loss incurred due to an automobile accident that occurred in the vicinity of the Daegu Seo-gu, Daegu, Daegu, on May 26, 2017, and agreed to pay KRW 3,70,00 as a legal compensation, so that the Plaintiff may waive all rights thereto and promise not to bring a criminal lawsuit in the future.”

3) Form 1. [Reasons for Recognition: Facts without dispute, Gap 1, 2, Gap 3-1, 2, Eul 1-1, 2-2, and the purport of the whole pleadings.]

2. On May 26, 2017, the Plaintiff asserted that the instant taxi was on board the back seat of the instant taxi at around 17:00, and the Plaintiff suffered the first injury due to the sudden stop of the instant taxi in the vicinity of the Incheon Island located in the Daegu Western-gu.

On July 28, 2017, the date of discharge, the Plaintiff agreed with the Defendant, who was a mutual aid business entity affiliated with the instant taxi, and agreed to the instant secondary action.

However, there was a symptoms such as the weakening of influence caused by the first injury, and on October 2017, the Plaintiff was unable to move alone on its own floor after he/she was laid down on the first floor in the early patroler.

(hereinafter referred to as “ex post facto injury.” The instant written action constitutes an unfair juristic act and thus null and void, and even if valid, it shall be revoked on the ground of deception or mistake.

In addition, even if the agreement on the lawsuit of this case remains effective, the defendant will expect to the plaintiff at the time of the agreement on the lawsuit of this case.