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(영문) 서울중앙지방법원 2021.01.15 2019가단5259169
손해배상(자)
Text

The instant lawsuit is dismissed.

The costs of lawsuit shall be borne by the plaintiffs.

Reasons

1. Facts of recognition;

A. On October 12, 2018, D around 08:30, 2018, when driving E ready-mixed truck (hereinafter “Defendant vehicle”) and going back to a construction site located in F at the time of wave, D shocked the water signal net G (hereinafter “the Deceased”) and caused an accident to inflict the deceased’s lower end on the pumps (hereinafter “the instant accident”).

B. In the instant accident, the Deceased died on October 13, 2018 at around 08:40 on a long-term divesium.

(c)

As the inheritor of the deceased, the plaintiffs are children, and the defendant is an insurer who has concluded a comprehensive automobile insurance contract with the defendant vehicle.

(d)

Plaintiff

On October 12, 2018, Plaintiff A, delegated by B, drafted a written agreement containing the following contents (hereinafter “instant agreement”) with the Defendant (hereinafter “A” refers to the Deceased, “B” and “B” refers to the Defendant). On October 12, 2018, Plaintiff A, as evidence, signed this agreement in order to provide that “A shall not file a lawsuit or objection under civil law with respect to all rights related to the instant accident, and sign and seal this agreement to prove that there is any reason.

The consolation money for death, out of legal damages of the amount of gold ( agreed terms). Provided, That the amount of profit accrued when the industrial accident insurance is not disposed of, and the amount of statutory damages related to funeral expenses, shall be the payment of compensation.

(b)amount received except for advance payment (40,000,000 won).

E. A around the above time, the Plaintiff received KRW 40,000,000 from the Defendant.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 through 4, Eul evidence No. 1, and the purport of the whole pleadings.

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