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(영문) 수원지방법원성남지원 2015.07.30 2014가단23965
손해배상(자)
Text

1. Of the instant lawsuit, the part concerning the Plaintiff A’s claim shall be dismissed.

2. The defendant shall pay to the plaintiff B KRW 5,000,000 and this shall apply.

Reasons

1. Basic facts

A. At around 21:00 on May 4, 2012, C driving a D-motor vehicle, and making a left turn to the left immediately without reducing the speed while passing a three-distance at the full-line of the Si of Gwangju-si. For this reason, Plaintiff A, who was on the back seat of the said motor vehicle, was suffering from the external side of the motor vehicle, due to the external side of the said vehicle.

B. Plaintiff B is the wife of Plaintiff A.

The defendant is an insurer who has concluded a comprehensive automobile insurance contract with respect to the above vehicles.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1, 2, and 3, the purport of the whole pleadings

2. As to the claim of the plaintiff A (hereinafter referred to as the plaintiff only in this paragraph)

A. The Plaintiff seeking compensation of KRW 141,869,235 for damages incurred by the instant accident (i.e., daily income of KRW 96,008,327) (i.e., KRW 1,696,450 for future medical expenses of KRW 3,034,210 for future medical expenses of KRW 1,130,248 for nursing expenses of KRW 3,034,210 for KRW 1,130,248 for KRW 40,000 for damages) x 0.9 (the Defendant’s liability ratio) - amount of KRW 20,000 for the agreed payment amount of KRW 20,00.

On this issue, the defendant asserts that he agreed with the plaintiff to bring an action.

According to the evidence Nos. 1, 2, and 3, the Plaintiff and the Defendant, on May 28, 2013, prepared a written agreement and a written waiver of right to the effect that “the Defendant shall pay to the Plaintiff KRW 20,000,000 as a whole of the legal damages arising from the instant accident, and the Plaintiff shall waive all the rights to the instant accident and shall not file a civil or criminal lawsuit or objection for any reason,” and the Defendant paid KRW 20,00,000 to the Plaintiff on the same day.

Therefore, the plaintiff's claim is unlawful because it was filed against the above denial agreement, and there is no benefit of protection of rights.

B. 1) As to the Plaintiff’s assertion, the tortfeasor and the victim received a certain amount of amount and the remainder of the claim regarding tort damages caused by the tort, which was unexpected at the time of agreement.

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