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(영문) 대전지방법원천안지원 2015.02.11 2014가단13262

손해배상(자)

Text

1. The plaintiffs' lawsuit of this case is dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. On May 18, 2006, the Plaintiffs’ networks D (hereinafter “the network”) driven a two-wheeled vehicle and died due to a collision with the vehicle driven by the Defendant and the F, which entered into a comprehensive automobile insurance contract with the Defendant during the course of driving on the road in front of the building in the West-gu, Seoan-gu, Seoan-gu. (hereinafter “instant accident”).

B. Afterward, Plaintiff B delegated the Plaintiff, who is the husband and the father of the Deceased, with all of the claims for compensation for damages (insurance) and the claim for receipt of the instant accident.

C. On September 6, 2006, Plaintiff A received KRW 195 million as damages for the instant accident from the Defendant, and at the same time, Plaintiff A and his heir have prepared and presented a claim for payment of insurance proceeds, receipt and waiver of rights in the lawsuit to the effect that the deceased and their inheritors have renounced all rights related to the instant accident and promised not to file a civil objection or lawsuit any longer.

(hereinafter referred to as “instant agreement”). [Grounds for recognition] The parties to the instant agreement] are without dispute; Gap evidence Nos. 1, 2, and 4; Eul evidence Nos. 1 through 4 (including each number; hereinafter the same shall apply); and the purport of the whole pleadings.

2. The parties' arguments and defenses

A. The summary of the Plaintiffs’ assertion leads to the amount equivalent to KRW 341,825,00 for damages sustained by the Deceased due to the instant accident.

However, the Plaintiffs, the inheritor of the deceased, were only paid KRW 195 million from the Defendant.

Therefore, the defendant should pay each of the plaintiffs 73,412,50 won = ((((341,825,00 won - 195 million won) ± 2) and delay damages.

B. The gist of the Defendant’s defense brought a lawsuit against the instant agreement, which included the non-committee agreement.

Therefore, the lawsuit of this case shall be dismissed as unlawful.

3. Determination on this safety defense

A. According to the above facts, the Plaintiffs waive their respective rights to claim damages regarding the instant accident by concluding the agreement with the Defendant.