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(영문) 서울중앙지방법원 2015.11.26 2015나7243
손해배상(자)
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. The reasoning of the court's explanation concerning this case is as follows. The court's explanation of this case is as follows: "A person who received outpatient treatment from the Emb, from the Emb, not later than February 27, 2012," and the corresponding part is as stated in the reasoning of the judgment of the court of first instance, except for the following parts, since it is stated in the part of the reasoning of the judgment of the court of first instance. Thus, it is accepted in accordance with the main sentence of Article 420 of the Civil Procedure Act.

[Attachment 1-C] The part in which the Plaintiff received the above treatment is used. The Defendant agreed to the effect that “The Plaintiff directly pays the above treatment costs of KRW 8,304,830,000 to the above hospital by June 11, 2012 and KRW 8,304,830,000, in total, from May 27, 2014, and KRW 8,304,830 to the above hospital.” On July 17, 2012, the Plaintiff provided that “the Plaintiff waives all rights to the instant accident after receiving KRW 4,30,000 from the Defendant, and does not file a civil or criminal lawsuit (hereinafter “instant agreement”).”

(B) "The part in which the above agreed amount was paid to the Plaintiff on the same day." [The part in which the above agreed amount was used in accordance with Section 2-b (No. 3, No. 7, and No. 18)]

In regard to this, the Plaintiff did not at all anticipate at the time of the agreement in this case that the subsequent disability, such as the escape certificate of a conical signboard between the 5-6, 6-7 and that of the 5-6, 6-7, the escape certificate, the official identification card of the front line, and the limitation on the right line, etc., was not anticipated. If that was anticipated, the Plaintiff did not agree with the Defendant in excess of 4,300,000 won, and thus, the Plaintiff may again claim compensation.

If the perpetrator and the victim agree to receive a certain amount of money and waive the remainder of the claim with respect to the damage caused by murder and tort, the damage shall be the only time after the accident, which is the cause of the occurrence of the damage.

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