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(영문) 대구지방법원 2016.03.15 2014가단55540
손해배상(기)
Text

1. The plaintiff's lawsuit against the defendant Mzz fire and marine insurance company shall be dismissed.

2. The plaintiff against the defendant B.

Reasons

1. The defendant Matts Fire Marine Insurance Co., Ltd. is the insurer of the car knife.

Defendant B, while under the influence of alcohol 0.157% on May 17, 2014, at around 19:50, 014, driven the said car with the foregoing car, and driven the front road in D in the Gyeongbuk-gun, Gyeongbuk-gun, the Haak-gu, Haak-gu, Haak-gu, Haak-do, and Haak-do, while driving the car at the lower exit, suffered injury, such as the left-hand frame and the removal of the Haak-gu, which the Plaintiff driven.

(B) On August 14, 2014, Defendant Qz Fire Marine Insurance Co., Ltd. drafted a written agreement with the Plaintiff that “the Plaintiff shall receive KRW 23,130,000 as damages, waive all rights related to the instant accident, and promise not to file a civil or criminal lawsuit or objection for any reason.”

The Plaintiff, who is the agent of Defendant B, drafted a written waiver of right that “The Plaintiff agreed to waive all rights to claim damages against the perpetrator on the condition that the Plaintiff would be paid 23,130,000 won from Defendant Matts Fire Marine Insurance Co., Ltd. as the tortfeasor’s agent for the damages caused by the instant accident.”

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1 through 7, and Eul evidence No. 1. 2. Determination

A. The Plaintiff suffered losses equivalent to KRW 24,104,202, consolation money of KRW 16,000,000 due to Defendant B’s tort, and the Plaintiff received KRW 12,760,987 from the Defendants as passive damages. As such, Defendant B, as a tortfeasor, is liable to compensate for the difference as the insurer of Defendant B.

The Defendants agreed with the Plaintiff and the Plaintiff waives their rights.

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