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(영문) 서울서부지방법원 2016.11.17 2015가단4149
손해배상
Text

1. Defendant B’s KRW 75,922,263 as well as 5% per annum from June 15, 2012 to November 17, 2016 to the Plaintiff.

Reasons

1. Establishment of liability for damages;

A. Basic facts (1) around 03:55 on June 15, 2012, Defendant B operated Oral Daba and continued to run from the west-dong 237 lanes in the west-dong 237-do, Mapo-gu, Seoul, to the west-dong 237-do 4 lanes, and due to the negligence of entering the above private distance even if the luminous signal came to be red, while the luminous signal was entered the above private distance. At the same time, the front part of the Do driving E-si operated in the Da driving, which was proceeding in accordance with the straight-line signal to the upper part of the upper part of the Mabae-si, the above Maba-dong 2012 was shocked with the upper part of the upper part of the Mababa-dong 2012, and the Plaintiff, who was on the back part of the Maba-dong 2014, the parties to the mutual aid agreement (hereinafter referred to as “Defendant 1”) and the Association”).

B. Defendant B entered into an automobile liability insurance contract with Co., Ltd. on the part of Defendant B with regard to the above Oralz fire insurance, and the Plaintiff agreed to waive all rights related to the accident of this case and not to institute a separate lawsuit as it received KRW 30 million from the above insurance company, and thus, the lawsuit of this case is unlawful. However, according to the agreement (Evidence B No. 4) entered into at the time of the above agreement, the above agreement can be acknowledged as having been entered into only the Manal Compensation Insurance Act, and its excess amount cannot be effective. However, the above damage compensation amount already received by the Plaintiff is the Plaintiff’s property damage.

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