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(영문) 인천지방법원 2015.01.20 2013가단74515 (1)
손해배상(자)
Text

1. The defendant shall start on April 15, 1997 for the plaintiff A, KRW 10,000, KRW 3,000,000, and each of the above amounts.

Reasons

1. Facts of recognition;

A. At around 16:30 on April 15, 1997, C driven a D Bus (hereinafter “Defendant vehicle”) and proceeded directly in the direction of the south-dong Incheon Park Park, which is located in the south-dong-dong-dong-dong-dong-dong-dong, Incheon, in the direction of the south-dong-dong-dong-dong-dong-dong-dong-dong-gu, Incheon, with the intersection of on-and-off signal signal at the direction of the south-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong

(hereinafter “instant accident”). (b)

At the time, the back seat of the Plaintiff’s vehicle was on board the Plaintiff A, who is his father, and at the time of the instant accident, the Plaintiff A faced with head on the front glass of the Plaintiff’s vehicle at the time of the instant accident, causing injury to the Plaintiff, such as external cerebral cerebrovassis.

C. The Defendant is a mutual aid business entity that entered into a mutual aid agreement with the Defendant’s vehicle owner as to the Defendant’s vehicle.

[Ground of recognition] Facts without dispute, Gap evidence 3, Eul evidence 1 to 3, 5, and 6 (including branch numbers, if any)

2. On February 19, 2013, the Defendant asserted that the instant lawsuit by the Plaintiff A is unlawful against the foregoing non-litigation agreement, since the Plaintiff agreed with the Defendant on February 19, 2013, “the content that the Defendant would receive KRW 3.6 million from the Defendant and waive all rights related to the instant accident and would not thereafter file a civil or criminal complaint.”

According to each description of the evidence Nos. 2 (including the paper number), the mother F of Plaintiff A received 3.6 million won agreed upon with the Defendant on February 19, 2013, and waiver of all rights related to the instant accident and file a civil or criminal lawsuit.

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