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(영문) 울산지방법원 2014.05.30 2013가단32085
손해배상(자)
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Facts of recognition;

A. At around 01:20 on August 3, 2012, Defendant C driven an E options car owned by Defendant D (hereinafter referred to as “diversing vehicle”) and driven along a four-lane (five-lane if it includes a circuit-lane) road in the south-gu, Ulsan-gu, Seoul-do, along the one-lane road, Defendant C shocked the network F without permission passing from the left side of the above road to the right side.

(hereinafter referred to as the "accident of this case").

The net F died on January 16, 2014 when the lawsuit was pending while the case was being hospitalized in a state where it was unknown due to the injury, such as climatic depression, due to the above accident.

C. The plaintiffs are children of the deceased.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 12 (including paper numbers), the purport of the whole pleadings

2. The Plaintiff’s assertion died of a traffic accident caused by the negligence of Defendant C, who is the driver of a marine vehicle, pursuant to Article 750 of the Civil Act, Defendant C is the owner and operator of a marine vehicle, and Defendant D is liable to compensate the deceased and the Plaintiffs for the damages incurred pursuant to Article 3 of the Guarantee of Automobile Accident Compensation Act.

3. Upon ex officio determination as to the legitimacy of the lawsuit, comprehensively taking account of the following: (a) the health class; (b) the statement No. 10; and (c) the purport of the entire argument as to the order to submit documents to the Mesz fire and marine insurance company of this court, as the representative of the deceased, the Plaintiff A, as the representative of the bereaved family of the deceased, has been paid KRW 51,658,00 as compensation for damages arising from the instant accident between the Meszz fire and marine insurance company, which represented the Defendants, and was paid KRW 51,658,00,00 as the compensation for damages arising from the instant accident, may be acknowledged as having waived all rights related to the instant accident; and (d) agreed not to file

According to the above agreement, the above agreement is judged to be a non-action agreement that does not claim additional damages with respect to the accident of this case, and its effect extends to both the plaintiffs and the defendants.

4. Conclusion.

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