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(영문) 인천지방법원 2015.08.21 2014가단20058
손해배상(기)
Text

1. The part of the Plaintiff’s claim for consolation money in the instant lawsuit is dismissed.

2. The defendant is the plaintiff A and the plaintiff 4,209,150 won.

Reasons

1. Facts recognized;

A. On October 16:20 on October 16, 2012, the Defendant driven a D car (hereinafter “Defendant vehicle”) and continued to operate the steering gear and brakes, etc. in one lane in front of the Fmat in Incheon Southern-gu, and breached the duty of care to safely manipulate the steering gear and brakes, etc. in order to prevent the accident from smoke, and as part of the Defendant vehicle’s right-hand side (hereinafter “instant accident”), who crosses the road from the right-hand side of the Defendant vehicle to the left-hand side in the direction of the vehicle, and thereby, the Plaintiff A suffered injury, such as A Ahhhhhal.

B. Plaintiff B is the Plaintiff’s spouse, and the Defendant entered into an automobile insurance contract with Samsung Fire and Marine Insurance Co., Ltd. (hereinafter “Tsung Fire”) on the Defendant’s vehicle.

[Ground of recognition] Facts without dispute, Gap evidence 1, 3-1, Eul evidence 2-6 through 14, 16, and 19, the purport of the whole pleadings

2. The plaintiff A filed a claim against the defendant for the king medical expenses, future medical expenses, and consolation money incurred by the accident in this case. Accordingly, the defendant asserted to the purport that the part of the lawsuit in this case, which is contrary to the mediation of the plaintiff A, is unlawful, since the plaintiff A received the agreement from Samsung Fire that the defendant represented by the defendant, and the plaintiff agreed to bring an action against the remainder of damages other than dental treatment expenses.

B. On November 6, 2012, Plaintiff A received 1.1 million won as a whole the damages incurred by the instant accident from Samsung Fire, and did not file a civil or criminal lawsuit or objection against the instant accident, but dental treatment is guaranteed by the Defendant under the diagnosis of the hospital, and the Plaintiff A agreed to separately treat the instant accident. However, there is no dispute between the parties, or considering the overall purport of the oral proceedings as a whole.

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