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(영문) 울산지방법원 2018.11.14 2018가단59337

손해배상(자)

Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. On November 10, 2017, B driven a freight C truck (hereinafter “Defendant vehicle”) on November 10, 2017, and depart from the road while driving along the downstream line of the mid-to-land expressway, and, as the front part of the Defendant vehicle, shocked the front part of the Defendant vehicle on the front side of the D Freight Vehicle that is parked at the speed of the parallel line of the off-to-land (hereinafter “Plaintiff vehicle”).

(hereinafter “instant accident”). (b)

The Plaintiff suffered salt ties, tensions, and scarkes, etc. due to the instant accident.

C. The defendant is an insurer who has entered into a mutual aid agreement with B on the defendant vehicle.

[Grounds for recognition] The descriptions of Gap evidence Nos. 1 through 3, the purport of the whole pleadings

2. Determination as to the legitimacy of the instant lawsuit

A. With respect to the Plaintiff’s assertion that the instant lawsuit was filed against the Defendant for the payment of KRW 10,952,00, and KRW 4 million for consolation money due to the instant accident, the Defendant asserts that the instant lawsuit is unlawful against the Plaintiff’s agreement on the lawsuit filed on December 19, 2017.

B. According to the purport of each of the statements and arguments in the judgment health room and Eul evidence Nos. 1 and 9 (including a branch number; hereinafter the same shall apply), the Plaintiff received KRW 2.5 million from the Defendant on December 19, 2017, and agreed with the Defendant and the Defendant to receive KRW 2.5 million as a whole as a matter of legal damages due to the instant accident, and mutually agreed with the Defendant to receive KRW 2.5 million as to the damage caused by the instant accident, so it is confirmed that no lawsuit or objection should be instituted in connection with all rights related to the instant accident thereafter, and that the perpetrator’s agent has been explained the material facts affecting the calculation of the amount of damages and the items to be paid mutual aid money. The Defendant confirmed that the amount of damage caused by business suspension was explained by the perpetrator’s agent on December 19, 2017, based on the total amount of KRW 2,247,019, KRW 200,000, KRW 518,500 medical expenses in future treatment expenses, etc.