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(영문) 서울중앙지방법원 2017.02.03 2015가단5095442
부당이득금반환
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. On May 19, 201, the Plaintiff entered into an employee disaster security insurance contract (hereinafter “instant renewal insurance contract”) with the company which is the subject-matter of insurance with the “user compensation liability” (hereinafter “user compensation liability”).

On March 28, 2012, the Plaintiff entered into a comprehensive automobile insurance contract with respect to the Erain (hereinafter “the instant Erain”).

F Around 18:00 on May 15, 2012, at the G construction site in Ansan-si, the victim I, who was an employee of the U.S. Tretex, who made a water signal at his own site, was engaged in the development of the U.S. Panel, using the instant crecinator owned by H, resulting in the death of the victim.

(hereinafter “instant accident.” The Defendants, as the inheritors of the Deceased, agreed to receive KRW 300 million from the tetex on May 17, 2012, which was subsequent to the instant accident framework, prepared an agreement (A evidence 3; hereinafter “previous agreement”) containing the following contents:

1.Tex agrees to KRW 300,00,00, including lump-sum survivors' compensation and consolation money paid to the Defendants under the Industrial Accident Compensation Insurance Act;

2. The above agreement includes the bereaved family compensation, lump sum payment and funeral expenses to be paid from the Korea Labor Welfare Corporation at the original office building of the Netherlands, and the Defendants delegate to the original office building the entire authority on the receipt of the above compensation.

3. All damages caused by the instant accident are included, and the Defendants should not be held liable for the instant accident, including civil and criminal liability against the tetex, the Etex, the owner of the construction work, and other relevant persons.

4. In the event that a relative or a third party of the Defendants raises an objection against the Tinte and other relevant persons, the Defendants are fully responsible and dealt with.

Defendant A and C.

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