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(영문) 서울남부지방법원 2017.01.20 2016가단28259
손해배상(기)
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. The allegations and judgment of the parties

A. (1) The Plaintiff’s assertion (1) the Defendant, on June 13, 2016, her assertion, she gets injured by two weeks by getting the Plaintiff’s disease to the part of the Plaintiff’s inner part of the “D” restaurant located in Geumcheon-gu Seoul, Geumcheon-gu.

The plaintiff was unable to perform his work for 29 days due to the above injury, and 5.22 million won was generated, and 778,480 won was spent for medical expenses, and 5 million won is expected to be needed for the sex treatment expenses of chests.

Therefore, the Defendant is obligated to pay the Plaintiff the total amount of KRW 20,95,480,000,000 for lost earnings, medical expenses, KRW 778,480, and KRW 5 million for sex treatment expenses, and KRW 10,000,00,000 for damages for the above tort, and the damages for delay.

(2) On October 25, 2016, the Plaintiff and the Defendant agreed to withdraw the instant lawsuit without raising any more civil or criminal issue regarding the above injury.

B. As the Defendant alleged in the Plaintiff, there is no dispute between the parties that the Defendant, on June 13, 2016, inflicted an injury upon the Plaintiff by assaulting the Plaintiff in the said restaurant.

However, according to the evidence No. 1, in relation to the above injury case on October 25, 2016, the plaintiff and the defendant paid 10 million won to the plaintiff as agreed amount, and the plaintiff thereafter agreed not to raise any civil or criminal issue to the defendant.

As above, the Plaintiff agreed not to claim damages against the Defendant in relation to the above injury case, which constitutes an agreement to bring an action against the Defendant, and thus, the instant lawsuit is unlawful as there is no benefit of protecting the rights.

2. The lawsuit of this case is dismissed as it is unlawful.

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