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(영문) 부산지방법원동부지원 2017.07.13 2016가단8567

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

A. On July 6, 2013, the Defendant started to go back to the Plaintiff in the vicinity of the Dong-dong, Busan, Daegu, the Busan, the Busan, the 1k-do 1348 Doz., the Busan, the Busan, the 1048 Doz., and the 103 Doz., the lower court prevented the Plaintiff from suffering due to the Plaintiff’s hand, and tried to escape.

B. At the time, the Defendant runs away from approximately 70-80 meters since thirst of thirst at the time.

The plaintiff got away, and the defendant was arrested by seeking assistance from the police police team near the defendant who gets away by driving away of the defendant who runs away.

C. The Plaintiff was faced with trees during the course of driving away from the Defendant and sustained knee knee knee.

hereinafter referred to as “the instant accident” is referred to as “the course of paragraphs (a) through (c) above.”

D) The Defendant was indicted and sentenced to three years of suspended execution for two years of imprisonment (the first instance court’s branch court’s Busan District Court’s 2013Gohap152, the appellate court’s Busan High Court’s 2013No525, May 25, 201).

On October 1, 2013, immediately before the pronouncement of the first instance trial in the above criminal case, the Plaintiff, on October 1, 2013, prepared a written agreement with the Defendant’s family and compensation for damages on behalf of the Defendant, and submitted it directly to the court that he/she would not raise any civil or criminal objection.

hereinafter referred to as the "agreement of this case"

(i) [each entry of evidence Nos. 3-1, 2, 5, 11, and 13 of the grounds for recognition, and the purport of the whole pleadings.]

2. The plaintiff's assertion

A. The Plaintiff agreed with the Defendant in relation to the instant accident, but the agreement did not know that the Defendant intended to agree in order to lower the sentence in the state of mental shock caused by robbery, or that the victim expressed his intention not to punish him would act as a cause favorable to the Defendant’s sentencing in a criminal case. As such, the agreement came from the Defendant in a state of mental fear and apprehension, such as inexperience and fear of retaliation.