(영문) 창원지방법원 2018.12.14 2018가단100581

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(영문) 창원지방법원 2018.12.14 2018가단100581

손해배상(산)

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1. The part concerning the claim for consolation money in the lawsuit of this case shall be dismissed.

2. The defendant shall pay to the plaintiff KRW 50,558,497 and this shall apply.

Reasons

1. Facts of recognition;

A. The defendant is a person engaged in metal product manufacturing and metal processing business, etc. under the trade name of "C", and the plaintiff is a worker of the defendant.

B. On January 3, 2017, at around 22:30, the Defendant completed a meeting with the employees including the Plaintiff, and moved the D vehicle owned by the Defendant (hereinafter “instant vehicle”) to the company accommodation by carrying the Plaintiff, employees E, F, and G on board the restaurant located in the male of the Masung City (hereinafter “instant vehicle”).

While the Defendant driven the front road of the H in the Cheongri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri (hereinafter “instant accident”)

The Plaintiff suffered injuries, such as Madice 4 No. Madice 3, 5, etc. due to the instant accident.

C. On January 15, 2018, the Plaintiff prepared a written agreement with the I Co., Ltd., which entered into an integrated automobile insurance contract with the Defendant with respect to the instant vehicle (hereinafter “instant agreement”) and received KRW 1,200,000 with the agreed amount.

[2] The injured party A: A perpetrator of the accident caused by the D vehicle owned by the perpetrator in 10:30 on January 3, 2017, the victim agreed to receive the following amount, including the motor vehicle accident compensation liability insurance, from the perpetrator or his/her agent, and to not file a civil lawsuit or objection for any reason, since the injured party has clearly agreed to receive the following amount, including the motor vehicle accident compensation liability insurance, from the perpetrator or his/her agent, and the injured party has agreed to waive all rights related to the accident (including all rights to the joint tortfeasor in the event of a joint tort).

In addition, it is confirmed that I corporation, the agent of the perpetrator, has been explained important matters and items of insurance payment that affected the damage assessment.

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