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(영문) 수원지방법원 2019.08.20 2016가단44574
위자료
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. Defendant B awarded a contract to Defendant C for the construction of commercial housing located D (hereinafter “instant construction”) and Defendant C subcontracted the instant construction to E during the construction.

B. On May 15, 2014, the Plaintiff was employed to E, and was engaged in frighting operations on the fourth floor, and was faced with an accident over the third floor (or the third floor and the second floor).

The Plaintiff suffered injuries, such as brain-dead, freshing, freshing of the right fresh, credit ples, serums, fresh damage, freshing, freshing, freshing, freshing, and freshing fresh, etc.

C. On December 5, 2014, the Plaintiff and the Plaintiff’s spouse F drafted a written agreement (hereinafter “instant agreement”) with the Plaintiff, i.e., “F., KRW 11,00,000 for daily payment, and KRW 11,00,000 for accidents that occurred at the construction site B,” and “E paid KRW 3,00,000 for KRW 8,000,000, which was received from the Defendants, on the same day.

[Ground of recognition] Facts without dispute, Gap 1, 2 evidence, Eul 1-4 evidence (including additional number), witness E's testimony, the purport of the whole pleadings

2. Judgment on the main defense of this case

A. After the instant accident occurred, the Plaintiff, on behalf of the Defendants, prepared the instant agreement with E to give up the claim for damages by receiving KRW 11,00,000 and receiving KRW 11,000 on behalf of the Defendants.

Therefore, the instant lawsuit is unlawful as it goes against the non-committee agreement.

B. Comprehensively taking account of the purport of the entire arguments as seen earlier, the instant agreement is written by the Plaintiff, the Plaintiff’s wife, and the E, but it may be acknowledged that E would coordinate the agreed amount on behalf of the Defendants, received some subsidies from the Defendants, and paid the agreed amount to the Plaintiff, and that both the Plaintiff and his wife were aware of such circumstances. Accordingly, the instant agreement is concluded by the Plaintiff.

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