(영문) 인천지방법원 2018.08.28 2016나59303

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(영문) 인천지방법원 2018.08.28 2016나59303

손해배상(자)

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1.The judgment of the first instance shall be modified as follows:

On May 13, 2013, the vehicles B from the south-gu, Incheon on the side of the school of literature.

Reasons

1. Basic facts

A. The Plaintiff is an insurance company that entered into a comprehensive motor vehicle insurance contract with respect to the Plaintiff’s vehicle B (hereinafter “Plaintiff’s vehicle”), and the Defendant is a driver of the Oralba (hereinafter “instant Oralba”).

B. On May 13, 2013, a traffic accident was caused by the Defendant’s injury while the Plaintiff’s vehicle was driven at the left or right-hand side in the vicinity of the Seodaemun-gu, Incheon Metropolitan City.

(hereinafter “instant accident”). C.

On June 24, 2013, the Defendant: (a) received hospital treatment for 42 days after the instant accident and hospital treatment for 12 days; and (b) concluded a written agreement with the Plaintiff and the Defendant stating that “the Plaintiff shall pay 2.5 million won to the Defendant for the remainder of legal damages, excluding the EF and EF, in relation to the instant accident; (c) the Plaintiff shall pay the Defendant’s medical expenses and the weak value; and (d) the Defendant shall not file a civil lawsuit or objection, excluding the EF and EF, in relation to the instant accident.”

(hereinafter referred to as “instant agreement”). [The grounds for recognition] The fact that there is no dispute, Gap evidence Nos. 1 through 11, and Eul evidence Nos. 1 through 3 (including each number), the purport of the whole pleadings.

2. Summary of the parties’ assertion

A. With respect to the Plaintiff’s assertion of this case’s accident, the Plaintiff and the Defendant agreed on the remaining parts except for the two names, which constitutes an agreement to bring an action.

Therefore, the amount of damages that the plaintiff shall pay to the defendant is limited to the part related to the name of the defendant that occurred due to the accident of this case, and the symptoms that the defendant caused to the defendant constitute a king unrelated to the accident of this case, and therefore, the damages that the plaintiff shall pay to the defendant are merely KRW 501,019.

B. The defendant's summary of the defendant's assertion is the salt, tension, and so on due to the accident of this case.

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