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(영문) 서울중앙지방법원 2018.02.02 2016가단5134658
손해배상(자)
Text

1. Among the plaintiffs' lawsuits in this case, the plaintiff A, the plaintiff B and C respectively, KRW 50,51,59,451, and the plaintiff B and C, respectively.

Reasons

1. Facts of recognition;

A. At around 14:20 on June 28, 2015, E driven a F Car (hereinafter “Defendant vehicle”) and shocked the back part of the G Driving H vehicle (hereinafter “Plaintiff vehicle”) which was stopped at the said intersection in accordance with the motor vehicle stop new subparagraph, into the front part of the Defendant vehicle.

(hereinafter “instant accident”). B.

Due to the instant accident, G suffered injuries, such as sacrife, sacrine, sacrine, cerebral sace, etc.

C. On July 6, 2015, G agreed with the Defendant to receive KRW 927,600 as damages for the instant accident, and to waive all rights related to the instant accident in the future and not file a civil or criminal lawsuit or objection.

(hereinafter “instant agreement”) D.

G around 20:00 on July 17, 2015, when a acute cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral Spacy and was hospitalized, and died on August 29, 2015.

(hereinafter referred to as “the deceased”). (e) G

Plaintiff

A The wife, the plaintiff B, and C are children of the deceased.

The defendant is an insurer who has concluded a comprehensive automobile insurance contract against the defendant vehicle.

[Ground of recognition] The fact that there is no dispute, Gap evidence 1-1, Gap evidence 3, 6, and 10-1, each of Gap evidence 4 and 5 (including all evidence attached with a serial number), the purport of the whole pleadings and arguments

2. Judgment on the Defendant’s defense prior to the merits

A. The Defendant’s defense prior to the instant lawsuit asserted that the Plaintiffs died due to the instant accident, and against the Defendant, the Defendant claimed payment of KRW 76,818,720 as damages for lost income of the Deceased, KRW 100,000 as damages for consolation money of the Deceased, funeral expenses damages of KRW 5,00,000 as paid by the Plaintiffs, and damages for delay on each of the said money, the Defendant agreed with the Plaintiffs, which is a special agreement to bring an action against the Plaintiff, and thus, the instant lawsuit was subject to the said special agreement to bring an action.

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