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(영문) 서울중앙지방법원 2017.03.22 2015가단5334185
손해배상(자)
Text

1. The plaintiffs' lawsuit of this case is dismissed.

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

Reasons

1. Facts of recognition;

A. Around 10:55 on December 23, 2012, D driven a E Leba car (hereinafter “Defendant vehicle”) and carried the front floor of the Yeonsu-gu Incheon Metropolitan Yeonsu-dong 478-16 Jindong from the Jinc apartment room to the Schill apartment room, D was injured by the Plaintiff A, who was getting off the board angle on the right side of the Defendant vehicle, leading up to the right side of the Defendant vehicle and the right side side side of the said Plaintiff’s body and the right side side side side, leading to the Plaintiff’s injury, such as a closed body string, etc.

(hereinafter “instant accident”). (b)

Plaintiff

C and B are the parents of Plaintiff A, and the defendant is the insurer who has concluded the comprehensive automobile insurance contract with respect to the defendant vehicle.

C. On November 12, 2014, Plaintiff C agreed with the Defendant to receive compensation of KRW 20 million with respect to the Plaintiffs’ damages, and to waive all rights related to the instant accident in the future and not file a civil or criminal lawsuit or objection.

(hereinafter “Agreement in this case”). 【No dispute exists, Gap 1 through 4, Eul 1 and 2 respectively, and the purport of the whole pleadings

2. Determination on the defense prior to the merits

A. The plaintiffs alleged that the violation of the partial special clause of the lawsuit in this case caused the plaintiff A to suffer from the aftermath disability (hereinafter "the aftermath disability of this case") such as the water supply, the syring, the full-time exercise, and the syring part of each sense, etc., due to the accident in this case. The lawsuit in this case against the defendant, claiming for the payment of consolation money and consolation money after deducting KRW 20 million which was paid as compensation from the total amount of the daily income and medical expenses from the sum of the daily income and medical expenses, was made. Since the defendant agreed with the plaintiff, which is the special clause of the lawsuit in this case, the lawsuit in this case is unlawful lawsuit filed against the above partial special clause.

On behalf of the Plaintiffs, Plaintiff C, after the instant accident, from the Defendant on November 12, 2014.

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