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1. The plaintiffs' lawsuits are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
Reasons
1. Basic facts
A. On March 5, 2014, the network E (hereinafter referred to as “the network”) driven a two-wheeled vehicle on a two-wheeled vehicle and proceeded with the three-dimensional distance in the Daegu-gun Multi-Eup, Daegu-gun, the Defendant, who violated the vehicle driver’s license and went to the left and right to the left without the vehicle driver’s license, and accordingly, the Deceased died.
(hereinafter “instant accident”). (b)
As the inheritor of the deceased, there are plaintiffs who are wife C and their children.
C. In relation to the instant accident, the Defendant: (a) entered into a written agreement with C on March 31, 2014, stating that “The victim’s bereaved family members promised not to raise any further criminal objection against the perpetrator and signed and sealed this agreement” (hereinafter “criminal agreement”); and (b) C expressed that he/she is the wife of the deceased and the legal representative of the plaintiffs and signed and sealed the said criminal agreement.
On the other hand, on March 31, 2014, C prepared and delivered a letter of intent not to institute any civil action after the criminal agreement is concluded on March 31, 2014 with respect to the instant accident, and C signed and sealed only by the heir of the victim.
(hereinafter referred to as “each letter of this case”). The defendant also issued to C a letter stating that “I will not participate in all claims for liability insurance and industrial accident insurance” in relation to the accident of this case, “I will submit a thickness for the victim of traffic accident (E).”
[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 4, 5, 9, 10, Eul evidence Nos. 1 and 2 (including paper numbers), the purport of the whole pleadings
2. Determination as to the defendant's defense prior to the merits
A. The defendant alleged that each of the instant statements between C and the defendant is the plaintiffs.