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(영문) 전주지방법원 2016.06.17 2015가합4039
약정금
Text

1. Defendant B’s KRW 182,955,471 as well as 5% per annum from November 28, 201 to June 17, 2016 to the Plaintiff.

Reasons

1. Facts of recognition;

A. The parties concerned are the mother of the C, and the defendant A is the attorney-at-law who has been in charge of the agreement with the Plaintiff as the representative of the defendant B on the insurance money, and the plaintiff is the insurer who has entered into a comprehensive automobile insurance contract with respect to Dren car (hereinafter “instant car”).

B. C’s death 1) On November 1, 2010, around 03:45, 2010, while driving a Class II motor on the two-lanes of the three-lanes of the three-lanes of the three-lanes of the three-lanes in the Jinjin-gu, Jinjin-gu, Seoul, and then driving on the two-lanes of the three-lanes of the three-lanes of the three-lanes of the three-lanes of the three-lanes of the two-lanes

B) On December 14, 2010, the hospital at Jeonbuk University was treated, and was discharged on December 14, 2010. The foregoing C (hereinafter “the deceased”).

(2) Even after three times, the deceased died on December 9, 201, while receiving hospitalized treatment. (2) The deceased’s heir has F and her mother, who is the spouse.

C. The Plaintiff’s insurance contract 1) On November 25, 201, the Plaintiff agreed on the claim of the deceased’s insurance money from the Defendant A (hereinafter “instant agreement”).

A) received and waiver of the right as follows was received and received as follows: G/E claim amount: 280,000,000 won between the above parties to the traffic accident of this case between the above parties and Gap (or his heir) shall receive from you 235,00,000 won excluding the provisional payment amount of KRW 45,000,000, and at the same time give up the following rights and promise not to raise any objection or lawsuit under the civil law:

1. Claim for the remainder of the decision in question (including the occurrence of any unexpected disability);

2. All claims against the parties to the above traffic accident and the joint tortfeasor;

3. The above agreed amount of KRW 235,000,000 shall be deposited into the account in the name of the victim himself/herself, and shall be disposed of to the account in the name of the victim, and shall be disposed of to ear 2.

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