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(영문) 대구지방법원 2016.05.12 2015나305885
손해배상(자)
Text

1. The plaintiff's appeal is dismissed.

2. The lawsuit concerning the part of the plaintiff's claim expanded in the trial shall be dismissed; and

3...

Reasons

1. Basic facts

A. The Defendant is an insurer who has concluded a comprehensive automobile insurance contract with respect to the C Vehicle owned by the Songlim Information Co., Ltd. (hereinafter “instant Maritime Vehicle”).

B. Around 15:20 on June 13, 2009, while driving the instant temporary vehicle at around 15:20, the Plaintiff caused by negligence an accident that conflicts with the drainage way at the end of the field of dry field at the right side of the road (hereinafter “instant accident”). As a result, the Plaintiff, who was accompanied by the instant vehicle, suffered injury, such as the impairment of underfinite brain, sal and upper parts of the bones, sal and lower parts of the bones and face bones of the detailed hair, and the bones of the hair and face, sal and lower parts of the instant vehicle.

C. Around August 2010, the Defendant paid KRW 45 million to the Plaintiff as compensation for ① 12% (former 12% (former 100 million) of the two disabilities (Mabrid 2, brain, 1X-1 ( evident decrease in adaptability to the social or occupational environment), ② 3% of the aftermath disability (former 3%), ③ 10.6% of spine disability (former 7 years), and paid KRW 700,000 to the Plaintiff as compensation for the three percent (former 3% of the 3% (former 7 years), around April 2010).

On April 10, 2012, the Plaintiff and the Defendant agreed to the effect that “The Plaintiff shall waive all rights to the instant accident and not raise any objection for any reason, instead of paying the Plaintiff the damages amounting to KRW 52 million as damages for the instant accident (hereinafter “the Plaintiff’s Appellate Agreement”).” (hereinafter “the Plaintiff’s Appellate Agreement”).

E. On January 24, 2014, at the Daegu University Hospital, the Plaintiff’s condition “the Plaintiff’s condition constitutes 31% of the total indoor workers, on the basis of 31% of the total indoor workers, and outdoorly, 31% of the total indoor workers.

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