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(영문) 수원지방법원 2018.11.29 2015가단138021
손해배상(기)
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Basic Facts

The Defendant conducted a wholesale and retail business of building materials in the name of “C”.

On March 17, 2015, the Defendant: (a) driven a kacker on the Plaintiff’s bridge visited in order to purchase sand at C’s workplace while carrying the business of transporting sand in a kacker on the kacker’s kacker (hereinafter “instant accident”); and (b) thereby, the Plaintiff suffered injury, such as the right-hand side and the body kes, which require approximately 12 weeks medical treatment.

[Ground of recognition] The defendant asserts that the plaintiff's claim for judgment on the plaintiff's defense prior to the merits of the whole pleadings against facts without dispute, Eul's evidence Nos. 5, 8, and 9 (including each number of documentary evidence; hereinafter the same shall apply), Eul's claim for medical expenses, lost income, etc. incurred by the accident of this case against the defendant, and that the lawsuit of this case is unlawful since it was brought against the agreement on the lawsuit of this case.

Judgment

Comprehensively taking account of the descriptions of Eul Nos. 1, 2, 3, 4, and 8 and the purport of the entire pleadings, following the instant accident, Eul, the father of the defendant, was found to have caused the instant accident by falsity, and the plaintiff and Eul agreed on April 9, 2015 (A means the plaintiff, Eul, and Eul means the plaintiff; hereinafter the instant agreement) and Eul paid KRW 10 million to the plaintiff.

As to the damage suffered by Gap due to the accident of this case, Gap clearly receives from Eul the following amount as damages for mental consolation money and other civil damages exceeding industrial accident compensation, and agreed to waive all rights thereafter, and should not file a civil or criminal lawsuit or objection for any reason, and signed and sealed this Agreement as evidence.

Amount to be received: 10 million won agreement and terms: Provided, That the above amount shall be the amount to be paid separately for industrial accident benefits.

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