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1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
Reasons
1. Basic facts
A. At around 12:00 on May 15, 2013, the Defendant, while carrying out the work of moving the water on board the ship from the fishing gear repair site at the port of the Seoak-gu port wharf at the Seocho-si, Mapo-si, Mapo-si, Mapo-si, the Defendant, while carrying out the work of moving the water to the land above the support unit with a chain, was faced with the right edge part of the Plaintiff A, who carried out the fishing net repair work around the area.
(hereinafter “instant accident”). Accordingly, the Plaintiff suffered injury, such as cutting down at the bottom of the Bridges requiring at least six weeks of medical treatment.
B. The plaintiff B is the spouse of the plaintiff A.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings
2. Judgment on the main defense of this case
A. The gist of the Defendant’s assertion is that, around July 2013, the instant lawsuit seeking compensation for damages arising from the instant accident, the Defendant asserted that the instant lawsuit against the Plaintiff is unlawful, since the Plaintiff and the Plaintiff paid KRW 2,00,000,000,000,000,000, which was paid by the Plaintiff to Nonparty Samsung Fire and Marine Insurance Co., Ltd. (hereinafter “Nonindicted Insurance Co., Ltd.”) and the Plaintiff would no longer be held liable for civil and criminal liability.
B. Where there is an agreement not to file a lawsuit even if there is a dispute over a specific right or legal relationship, there is no benefit in the protection of rights.
(See Supreme Court Decision 92Da21760 Decided May 14, 1993, etc.). In light of the aforementioned legal principles, in full view of the following circumstances, the instant case’s health team, the entries in the Evidence Nos. 1, 4, and 6 (including each number number), and the witness witness D’s testimony, the entire purport of the pleadings as a whole, the following circumstances were revealed. Although there was no agreement, the Plaintiff and the Defendant were not in existence, but they were liable for the instant accident under the condition that the non-party insurance company, which was a party to the Defendant’s insurance company around July 2013, 201, paid KRW 2 million to the Plaintiff’s side.