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(영문) 서울중앙지방법원 2013.06.25 2011가단141533
손해배상(자)
Text

1. The Defendant’s KRW 99,979,658 for the Plaintiff and its related KRW 5% per annum from February 14, 2007 to June 25, 2013.

Reasons

1. Facts of recognition;

A. At around 15:30 on February 14, 2007, B driven a C vehicle (hereinafter “Defendant vehicle”) and driven a road located in the Suwon-gu transfer road on the northwest-west side, both of which were the back part of the Plaintiff’s D vehicle stopped on the front side of the Defendant vehicle, which was at the time stopped for signaling to the atmosphere, and caused the Plaintiff to suffer injury, such as the fluoral base, the fluoral base, the right slick, etc., by shocking the rear part of the Plaintiff’s D vehicle stopped in front of the Defendant vehicle.

(hereinafter “instant accident”). B.

On June 8, 2007, the Plaintiff agreed with the Defendant to receive 2,000,000 won as damages compensation and waive all rights, and not file a civil or criminal lawsuit or objection.

(hereinafter “instant agreement”) C.

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

[Reasons for Recognition] Facts without dispute, entry of Gap evidence 1 to 7 (including each number), the purport of the whole pleadings

2. On June 8, 2007, the Defendant asserted that the instant lawsuit was not brought against the non-committee special agreement, since the Plaintiff received KRW 2,000,000 with the Defendant in relation to the instant accident and gave up all rights, and agreed not to file a civil or criminal lawsuit or objection.

The facts that the agreement of this case was reached between the Plaintiff and the Defendant are as seen earlier.

Meanwhile, according to Gap evidence Nos. 1 through 7 (including each number), the plaintiff was diagnosed at E on February 15, 2007 as "humphal salt base, sulphal salt base, the right sulphal salt base, and the right sulphal salt base" and was hospitalized from February 15, 2007 to March 10, 2007, and thereafter, the plaintiff was diagnosed as "humphal disease with severe symptoms without any mental symptoms" at Ficsium on July 1, 2008.

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