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(영문) 대구지방법원서부지원 2016.11.10 2016가단3298
손해배상(기)
Text

1. The plaintiff's lawsuit against the defendant B is dismissed.

2. The plaintiff's claim against the defendant C is dismissed.

3...

Reasons

1. Basic facts

A. On April 24, 2013, around 18:12, the Plaintiff felled into a painting for the maintenance of vehicles within the downstream of the operation of Defendant B Co., Ltd. (hereinafter “Defendant Company”).

(hereinafter “instant accident”). (b)

Accordingly, on August 25, 2015, the Plaintiff drafted a written agreement between the Defendant Company and the following contents:

(hereinafter referred to as “instant agreement”). Joint victim “A”/name: A perpetrator “A”/B” and “B” agree as follows: (a) on April 24, 2013, in relation to the personal accident of “A” arising from the Dok located in the B B sub-dong located in Chang-si, Changwon-si, Changwon-si, Seoul.

- - sound;

1. As to the damage suffered by “A”, “A” shall receive from “B” 18,127,00 won, which is the damage compensation of the said accident, clearly and thereafter waive all rights to the said accident.

In addition, the author promises to not raise any civil or criminal action or objection for any reason, and sign and seal this Agreement as evidence of the next day.

2. Agreed amount: 18,127,00 won (i) above amounts shall include all the above amounts including medical expenses, suspension of business, loss of business, consolation money, etc. which are statutory damages.

The amount of KRW 100,00 under the insurance contract of “B” out of the agreed amounts shall be paid to “B” and the remainder of KRW 18,027,00 shall be paid to “B”, an insurance company of “B”, to “B.”

Victim Gap's Name (E) No. 1, 7, and Eul's Evidence No. 1 (including the Ga number) and the purport of the whole pleadings by the following: (a) No dispute exists on August 25, 2015 (based on recognition); (b) No. 1, 7; and (c) No. 1

2. The Defendant Company rendered a judgment on the defense prior to the merits of the Defendant Company, and agreed with the Plaintiff that it would not file a civil or criminal lawsuit or objection with respect to the instant accident in the future through the instant agreement, and thus, the instant lawsuit is unlawful contrary to the said secondary action agreement.

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