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(영문) 대구지방법원서부지원 2020.06.03 2019가단52857
손해배상(기)
Text

1. The Defendants jointly share KRW 62,895,764 to Plaintiff A, KRW 2,00,000 to Plaintiff B, and each of them on May 25, 2017.

Reasons

1. Facts of recognition;

A. Plaintiff B is the Plaintiff’s reference, and Defendant C is the employee of Defendant D Co., Ltd. (hereinafter “Defendant Company”).

B. On May 25, 2017, at around 17:30, Defendant C executed electrical construction on the electric utility pole near the Daegu-gu Daegu-ro E, and the electric line in the foregoing Defendant’s luxation flows out. Since then, there was an accident that the said electric line was reduced under the Plaintiff A’s item, where the said place was located on the luxa, on the part of the said Plaintiff A (hereinafter “instant accident”).

B. The Plaintiff A suffered injury in the instant accident by images, chromosomes, chromatic dyeing, and anti-salking of 2 degrees head and heading of the instant item.

【Fact-finding without dispute over the ground for recognition】 Each entry of Gap evidence 1, 2, 4, 12 (including branch numbers; hereinafter the same shall apply), and the purport of the whole pleadings

2. Determination as to the defendants' main defense

A. The summary of the Defendants’ assertion was related to the Plaintiff’s complaint filed by the Plaintiff A due to occupational injury caused by Defendant C by occupational negligence, and there was an agreement that Defendant C would not raise any relevant civil or criminal issue on the condition that the Plaintiff would pay the Plaintiff KRW 3.7 million to the Plaintiff, and Defendant C paid KRW 3.7 million to the Plaintiff according to the said agreement.

Therefore, the instant lawsuit is unlawful contrary to the Collegiate Agreement.

B. Comprehensively taking account of the overall purport of the statements and arguments in the evidence Nos. 3 and 6 of the judgment, a criminal conciliation has been established on March 18, 2019 with respect to the case in which the plaintiff Gap filed a complaint against the plaintiff Eul by occupational negligence, under which the defendant C pays the plaintiff A a sum of KRW 3.7 million to the plaintiff on March 30, 2019; the defendant C paid the amount of KRW 3.7 million on March 29, 2019; the above criminal conciliation was established after the lawsuit of this case was brought, and the contents of the above criminal conciliation stipulated that "the civil case of this case is excluded;" but there is a stipulation that "not to raise any civil or criminal issue related to this case."

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