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(영문) 전주지방법원 2015.05.07 2013가단8276
손해배상(자)
Text

1. The plaintiff A's lawsuit against the defendants is dismissed in entirety.

2.(a)

Defendant F and G jointly, and each of them is against Plaintiff B and C.

Reasons

1. Basic facts

A. At around 01:50 on September 25, 2012, Defendant G driven a HNS car owned by Defendant F (hereinafter “instant accident vehicle”) and driven a three-lane road in front of Jinjin-gu, Seoul Special Metropolitan City on the right side of the Western Police Station, Defendant G was causing an accident that caused the Plaintiff to inflict an injury on the Plaintiff, such as the exposure of a external prop-off, inasmuch as the Plaintiff did not discover the Plaintiff crossing the crosswalk from the right side of the instant accident to the left side, and caused the instant accident (hereinafter “instant accident”).

B. Plaintiff B is the mother of Plaintiff A, and Plaintiff C, D, and E is the sibling of Plaintiff A. Defendant F is the owner of the instant accident vehicle, Defendant Samsung Fire and Marine Insurance Co., Ltd. (hereinafter “Defendant Samsung Fire”) is the insurer who concluded an automobile insurance contract with Defendant F on the instant accident vehicle.

C. On December 14, 2012, Plaintiff B entered into an agreement with Defendant Samsung F&M to receive KRW 19,60,000 as the damages for the instant accident against Plaintiff A on behalf of Plaintiff Samsung F&M, and to promise not to file a civil or criminal lawsuit or objection (hereinafter “instant agreement”) by mutual agreement. Plaintiff A ratified the instant lawsuit as a preparatory document dated April 1, 2015, which was ratified by the Plaintiff Samsung F&M.

According to the terms and conditions of the automobile insurance contract concluded between Defendant Samsung Fire and Defendant F, the Car Compensation I agreed to compensate the Plaintiff for a maximum of KRW 120 million and KRW 100 million, among the damages incurred by the instant vehicle. Defendant Samsung Fire paid the Plaintiff KRW 199.6 million with the agreed amount and KRW 202.32,690 with the medical expenses.

[Reasons for Recognition] Unsatisfy, Gap evidence 1 to 5, Eul evidence 1 to 1.

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