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1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Defendant entered into a contract on the owner’s compensation liability insurance for facilities (individual type) with the insured, the insured, the compensation limit per capita, the amount of KRW 10,000,000 per accident, and the insurance period from February 7, 2012 to February 7, 2017, among the persons operating the camping of the mutual arboretum of Samsung Fire and Marine Insurance Co., Ltd. (hereinafter “Tsung Fire”).
B. On May 3, 2014, the Plaintiff demanded the Defendant to compensate for damages on or around July 2014 on the ground that he/she fell under a tree in the above arboretum camping site.
C. On February 6, 2015, the Plaintiff prepared and delivered a written agreement containing the following language to E, Mana, and E, Samsung Fire’s employees representing the Defendant.
(However, in the above agreement, the names and amounts of the victims and the perpetrator and the signature parts of the agreement are written.)
1. Although a victim’s name A (hereinafter referred to as “Party 1”) contains a resident registration number and address, it is omitted. 2. An offender (hereinafter referred to as “Party 2- Insured”) includes a resident registration number less than B, but is omitted.
3. The same as a written confirmation of accident;
4. With respect to the foregoing accidents, “Party 1, 2” was informed by the Samsung Fire Compensation Manager of the details of the amount of damages and the calculation thereof, and “Party 1” (victim) determined the total amount of the agreed amount and received KRW 10,000,000 of the insurance money from Samsung F&M (owner) and agreed that “Party 2 shall receive KRW 9,900,000,000 of the insurance money from Samsung F&M (owner) and “Party 2 shall receive KRW 10,000,000,000,000,000,000,000,000,000,000 shall be paid from “Party 2” under the contract, and thereafter, I agreed to waive all rights related thereto, and sign and seal this agreement as evidence to this effect.
On February 6, 2015, the above parties A (victims) and (Signatures) are not more than B (Signatures) of the above parties.