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(영문) 서울중앙지방법원 2020.08.19 2016가단5152588
손해배상(기)
Text

1. The part of the instant lawsuit, which exceeds 708,563,874 won and damages for delay, shall be dismissed.

Reasons

1. Facts of recognition;

A. At around 16:50 on November 11, 201, the driver D of the Defendant vehicle (Tracker, 19 ton on board) sent an intersection without a personal distance signal, etc. from front the F Company in Youngnam Cancer-gun, Yongnam-gun, without a driver’s license, along the one-lane between H Company’s bank and H Company’s bank. On the left side of the Defendant vehicle, the driver Docked the intersection from the front left side of the Defendant vehicle with one-lane, one-lane between the two-lanes of letter on the left side of the Defendant vehicle, and the Plaintiff I driver’s on the right side of the front left side of the Defendant vehicle (Hastta, hereinafter referred to as the “Plaintiff’s vehicle”) sent directly to the Young F Company’s postal concentration station (TO).

(hereinafter “instant accident”). (b)

Plaintiff

The chief of the vehicle was seated by J, facing C (A), and there was a wife A (J), K (A), and L in order from the back of the driver's seat.

C. The Plaintiff sustained injury due to the instant accident, such as damage to less than a certain number of brain, cerebral cerebrovascular, etc., died of C and K (hereinafter “the deceased”), and the Plaintiff was hospitalized from around the date of the instant accident to January 9, 2012.

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

[Ground of Recognition] Facts without dispute, Gap 1-11, Eul 11, Eul 17 each entry (including each number), the purport of the whole pleadings

2. Whether the part concerning the claim for damages against the Deceased, among the instant lawsuits, is lawful

A. (1) On April 15, 2013, following the preparation of the instant agreement and the written waiver of rights: (a) 6,000,000 won by J from the Defendant; and (b) 45,00,000 won by the Plaintiff are clearly received as the compensation for damages of each deceased and agreed to be mutually agreed to do so; (c) the Plaintiff waives all of its rights; and (d) there is no civil or criminal lawsuit or objection on any of the following grounds.

(2) A written agreement dated 10, 2013: The plaintiff shall pay consolation money.

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