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(영문) 전주지방법원 2017.03.17 2014가단37134
손해배상(기)
Text

The instant lawsuit is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

Basic Facts

On December 23, 2010, the Plaintiff and the Defendant concluded an individual car insurance contract (hereinafter “instant insurance”) with respect to B vehicles, the insured of which is the Plaintiff.

According to the above insurance contract, in case where the plaintiff suffered an injury due to an accident while operating an insured automobile, the defendant shall compensate the plaintiff for the damage within the scope of KRW 200,000 (the disability).

(A) On November 31, 201, around 16:20 on November 31, 201, the Plaintiff, while driving the said vehicle and driving approximately approximately 300 meters in front of the red side of the air tunnel starting point of the Gucheon-gun, the Plaintiff fell out of the road due to the driver’s negligence (hereinafter “instant accident”).

(A) On March 5, 2013, the Plaintiff and the Defendant paid 31,715,180 won insurance money to the Plaintiff with respect to the instant accident according to the instant insurance contract, and the Plaintiff drafted a written agreement and a written waiver of rights with the purport that the Defendant renounces all rights related to the instant accident and promises not to file a civil or criminal lawsuit or objection.

(A) Evidence Nos. 5 and B No. 1 (hereinafter referred to as the “instant agreement”). After the Plaintiff’s assertion, after the agreement of this case, the Plaintiff gave rise to the symptoms of high blood without blood.

At the time of the agreement of this case, it was not possible to at all anticipate that high blood without blood was likely to occur at the time of the agreement of this case, and since the agreement of this case would not have been reached if it was anticipated, the defendant is obligated to pay insurance money even for damage caused by high blood without blood.

The Plaintiff and the Defendant agreed to pay 31,715,180 won as agreed in connection with the instant accident and not to raise any objection, such as a lawsuit, and thus, the instant lawsuit is unlawful as it was filed in violation of the non-committee agreement.

In the case of this case, the high blood diversity occurred after six months after the agreement of this case (after about two years and eight months from the date of the accident).

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