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(영문) 춘천지방법원 강릉지원 2018.02.06 2016나51702
손해배상(기)
Text

1. Revocation of the first instance judgment.

2. The Defendant: (a) KRW 9,125,221 to Plaintiff A; and (b) from July 12, 2013 to February 6, 2018 to Plaintiff A.

Reasons

1. Basic facts

A. At around 12:00 on May 15, 2013, the Defendant, while carrying out the work of moving the water on board the ship from the fishing gear repair site at the port of the Seoak-gu port wharf at the Seocho-si, Mapo-si, Mapo-si, Mapo-si, the Defendant, while carrying out the work of moving the water to the land above the support unit with a chain, was faced with the right edge part of the Plaintiff A, who carried out the fishing net repair work around the area.

(hereinafter “instant accident”). Accordingly, the Plaintiff suffered injury, such as cutting the bottom of the bridges, which require at least six weeks of medical treatment.

B. The plaintiff B is the spouse of the plaintiff A.

【Fact-finding, Gap-1, 2, and 3’s grounds for recognition, the purport of the whole pleadings

2. Judgment on the main defense of this case

A. A. The summary of the Defendant’s assertion was: (a) around July 2013, the Plaintiff agreed with the Plaintiff to pay KRW 2,000,000,000 in addition to the insurance money that the Plaintiff received from Samsung Fire and Marine Insurance Co., Ltd. (hereinafter “instant insurance company”); and (b) thus, the instant lawsuit contrary thereto is unlawful.

B. In light of the following facts and circumstances, it is insufficient to recognize that the evidence submitted by the Defendant alone, around July 2013, the Plaintiff and the Plaintiff, paid additional KRW 2,00,000,00 of the insurance proceeds received from the instant insurance company, and did not impose any civil or criminal liability, and there is no other evidence to prove otherwise.

Therefore, the defendant's above assertion is without merit.

① Above all, the content of the non-committee agreement asserted by the Defendant is that the Plaintiff A receives more than KRW 2,00,000,000, which was paid by the insurance company, and will not impose any civil or criminal liability on the Defendant, and the parties are above.

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