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(영문) 대전지방법원 2016.07.06 2015가단208457

구상금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. At around 14:30 on July 30, 2009, at the village sewerage management site A located in Chungcheongnam-gu, Chungcheongnam-do, Chungcheongnam-do, B was faced with an accident (hereinafter “instant accident”) that was shocked to H-sn beam away from the DKackle of driving of the dismantled H-sn beam of C (hereinafter “adic person”) with a view to dismantling H-sn beam of the facility H-sn beam.

B. In the instant accident, B received medical treatment from July 30, 2009 due to the injury of “verte damage, spine pelke, pelke pelke, pelke pelke, pelke pelke, pelke pelke, pelke pelke, pelke pelke, rash, rassp, erosp, erosp, erosp damage to the right shoulder gake ne.” < Amended by Presidential Decree No. 21489, Jul. 30, 200>

C. The Plaintiff paid B KRW 48,383,890 of temporary layoff benefits, KRW 123,901,100 of the injury and disease pension, and KRW 311,720,200 of the medical care benefits.

On March 5, 2012, the Defendant agreed with B and paid KRW 305,00,000 as the following day’s agreement (hereinafter “instant agreement”).

“Around 14:10 minutes of July 30, 2009, Party A (B) suffered damage due to an automobile accident caused by D vehicle owned by Party B (C) at Samsungyang-gun A (C). As Party A agreed to receive the following amount from Party B or B’s agent Samsung Fire and Marine Insurance (States) as compensation for damages and agreed to do so each other, Party A promised not to file a civil or criminal lawsuit or objection, and signed and sealed this Agreement as evidence for any reason subsequent to the waiver of all rights.” Party B stated the following amount of receipt as “30 million won”, “305,000,000 won”, and the following terms and conditions as “A may not obtain a claim due to an industrial accident insurance regardless of the health care benefit paid to the victim from the Korea Workers’ Compensation and Welfare Service under the Industrial Accident Insurance Act, and shall give up all rights related to the insurance accident in the future.”