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(영문) 수원지방법원여주지원 2015.05.19 2014가단5755
손해배상(자)
Text

1. The instant lawsuit shall be dismissed.

2. The costs of the lawsuit are all the plaintiffs, including the costs incurred by the supplementary participation.

Reasons

1. Judgment on the main defense of this case

A. As to the instant lawsuit against the Defendant seeking compensation for damages caused by the death of the deceased, the inheritee D (hereinafter “the deceased”), the Defendant asserted that the Plaintiffs were unlawful since the Plaintiffs agreed to bring an action between the Defendant and the Defendant after the traffic accident, and thus, this is examined.

B. Around 06:50 on January 5, 2013, the Deceased died on the vehicle driven by the Defendant on January 11, 2013 while crossing a road in front of the SK Haak Haak-gu, Hacheon-si, Macheon-si without permission (hereinafter “instant accident”).

(2) Around June 11, 2013, the Plaintiffs delegated the rights to receive damages (insurance) arising from the instant accident to E, who is the birth of the Deceased.

3) On July 2, 2013, E is the Defendant’s insurer of automobile insurance, and the Defendant’s Intervenor’s Intervenor’s Intervenor’s Intervenor’s Intervenor’s Intervenor’s Intervenor’s Intervenor’s Intervenor’s Intervenor

) Upon receiving KRW 45 million as compensation for damages from the accident of this case, the victim, the deceased, and their inheritors against the defendant and the defendant joining the defendant shall waive all rights related to the accident of this case and, for any reason, shall not file a civil or criminal lawsuit or objection, and shall prepare a certificate of waiver of rights as evidence concerning the above agreement. [Grounds for recognition] The defendant and the defendant joining the defendant shall have no dispute, Gap 2, 3, 8, 10, Eul 2 and 6 evidence (including each number of statements, the purport of the whole arguments, and the purport of the whole arguments.

C. According to the above facts of recognition 1, E, who is delegated with all rights to receive damages for the instant accident by the Plaintiffs, is entitled to receive damages for the instant accident from the Intervenor’s Intervenor on July 2, 2013, and waives all rights to the Defendant regarding the claim for damages related to the instant accident.

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