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(영문) 서울중앙지방법원 2019.04.10 2018나60801

구상금

Text

1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

Reasons

1. Basic facts

A. The Plaintiff is an insurer who has entered into a comprehensive automobile insurance contract with respect to C Vehicle (hereinafter “Plaintiff”), and the Defendant is the insurer who has entered into a comprehensive automobile insurance contract with respect to D Vehicle (hereinafter “Defendant Vehicle”).

B. At around 17:00 on February 24, 2018, the driver of the Plaintiff’s vehicle: (a) reported that the previous vehicle stops while driving along the road in the Yeongdeungpo-gun of Gangwon-do along the tunnel in the Young-do Highway, along the road in the Young-do Highway; and (b) opened a sudden balke to avoid drilling with the previous vehicle, and opened a two-lane to the right-hand side and stop the vehicle in order to avoid drilling with the previous vehicle; and (c) the Defendant’s vehicle following the Plaintiff’s vehicle operates a balke in order to avoid drilling with the Plaintiff’s vehicle, and opened the back part of the back part of the Defendant’s vehicle without stopping it on the right-hand side.

C. On April 4, 2018, the Plaintiff paid KRW 3,406,00 under the name of the repair cost and the cost of parts of the Plaintiff’s vehicle.

[Reasons for Recognition] Unsatisfy, entry and video (including paper numbers) of Gap evidence 1 to 8, the purport of the whole pleadings

2. The judgment of the Defendant on this safety defense is that the Plaintiff’s lawsuit of this case is referred to as “mutual agreement on the deliberation of automobile insurance disputes” under the mutual agreement on the deliberation of automobile insurance disputes.

) The Defendant asserts to the effect that it was unlawful as it was filed in violation of the foregoing provision. However, as recognized by the Defendant, Article 19 of the Mutual Agreement (Article 19(2) of the Special Cases concerning the Exemption from the Obligation to Transfer the Claims for Deliberation) provides that the case is an exception to the case in which the disputing parties agreed in writing not to be subject to the obligation to transfer the claims for deliberation on the claims for reimbursement or indemnity, and according to the description of the evidence No. 6, the Plaintiff requested the Defendant to exclude the obligation to transfer to the Defendant on June 2018,

3. The Parties.