beta
(영문) 서울중앙지방법원 2016.12.27 2016가단80503

구상금

Text

1. The lawsuit between the Plaintiff and the Defendant shall be mediated by the Seoul Central District Court Decision 2015sspa5949 case on December 11, 2015.

Reasons

1. Basic facts

A. On February 13, 2015, the Defendant: (a) caused an accident to contact E-owned vehicles parked in the parking lot of the building located in the Yongsan-gu Seoul Metropolitan City, Yongsan-gu, Incheon Metropolitan City (hereinafter “instant accident”); and (b) an independent party intervenor (hereinafter “participating”) is the insurer who entered into an automobile insurance contract with the Defendant.

B. On April 14, 2015, the Plaintiff, as an insurer that entered into an automobile insurance contract with E, paid KRW 7,245,800 to E as the automobile repair cost incurred from the instant accident, and filed the instant lawsuit seeking payment of KRW 7,245,800 against the Defendant and delay damages therefor.

C. The principal lawsuit of this case was submitted to the conciliation, and the conciliation was conducted by the Seoul Central District Court 2015s. The defendant attended the date of conciliation and stated to the effect that all facts as to the cause of the claim of this case were recognized. In light of the fact that the plaintiff's damages paid to E were extremely insignificant in the degree of the accident of this case, the plaintiff filed an application for intervention by the independent party of this case with the purport that "it is confirmed that the plaintiff and the defendant did not have any insurance claim obligations against the plaintiff and the defendant due to the accident of this case, even though the amount of damages paid to E was an exceptional excessive repair cost."

In the instant conciliation case, on December 11, 2015, the court rendered a decision in lieu of conciliation (hereinafter “instant compulsory conciliation”) stating that “the Defendant shall pay to the Plaintiff KRW 7,245,800 by January 31, 2016, and if the amount is not paid by the aforementioned date, the damages for delay calculated at the rate of 15% per annum from the following day to the date of full payment. The Plaintiff waives the remainder of the claims. The Plaintiff made a decision in lieu of conciliation (hereinafter “instant compulsory conciliation”) stating that the independent party intervenor shall withdraw the application for participation of the instant case, and the Plaintiff and the Defendant.