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(영문) 서울중앙지방법원 2016.06.24 2014가단5309366
손해배상(자)
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. The Defendant is an insurer who entered into a comprehensive automobile insurance contract with respect to B vehicles (hereinafter “Defendant vehicles”).

B. Around 08:49 on February 9, 2013, the Defendant’s vehicle led the Plaintiff’s vehicle to the left-hand side of the Plaintiff’s vehicle, which was going to the left-hand side of the parking lot from the direction of the auction site in the Guri-si D parking lot located in the Guri-si, the left-hand side of the Defendant’s vehicle.

(hereinafter “instant accident”). C.

The plaintiff suffered injuries, such as the upper half of the left-hand pelpel and the pelpelel of the non-standing executives, etc. due to the instant accident, and received an operation on the same day.

On March 28, 2013, the Plaintiff entered into an agreement with the Defendant on the following terms (hereinafter referred to as the “instant secondary action agreement”) on the premise that the Plaintiff suffered from “satisfying / associate dysatfy, disability rate of 14%, and Han-gu market for seven years.”

- The plaintiff received 26.5 million won as a legal damages from the defendant, and waives all rights related to the accident of this case, and does not raise a civil or criminal lawsuit or objection for any reason.

- provided, however, that the defendant has guaranteed the payment of the costs of the re-operation when the pelvis surgery is influent, and has guaranteed the payment of the costs of the re-operation when the pelvis surgery is performed on the part of the pelvis surgery.

By April 27, 2013, the payment of hospital treatment expenses will be guaranteed until the date of payment.

At present, with respect to the left-hand knenee of the Plaintiff, additional compensation shall be made when an operation with a causal relationship with the instant accident and aftermath disability occurs.

E. On April 30, 2013, the Defendant paid the agreed amount pursuant to the instant secondary action agreement, and paid KRW 12,223,030 as hospital treatment costs. On October 13, 2014, the Defendant paid KRW 200,000 to the Plaintiff at the Plaintiff’s request.

F. The Plaintiff filed the instant lawsuit by asserting that the Plaintiff suffered injuries, such as the uppermost and the lower-ranking pelle to the left-hand side of the instant accident, and the instant case.

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