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(영문) 서울남부지방법원 2015.01.30 2014나55074

구상금

Text

1. Of the judgment of the court of first instance, the part against the defendant in excess of the amount ordered to be paid below shall be cancelled.

Reasons

1. Facts of recognition;

A. With respect to A vehicle (hereinafter “Plaintiff”), the Defendant is an insurer who has concluded each automobile insurance contract with respect to B vehicle (hereinafter “Defendant vehicle”).

B. On October 30, 2013, there was an accident in which the front and rear part of the Defendant’s vehicle and the upper part of the Plaintiff’s vehicle are in conflict with each other, while the Plaintiff’s vehicle, which was in the two-lanes of the said access roads from the access road to Samsung Aeroan apartment located in Seoul Metropolitan City, for the sake of their right and the right side of the Plaintiff’s vehicle to enter the road (hereinafter “instant accident”).

C. On January 17, 2014, the Plaintiff paid the insurance money as the repair cost for the Plaintiff’s vehicle, and filed an application for deliberation and resolution with the Defendant to the committee for deliberation and resolution of the dispute over reimbursement of automobile insurance. On February 26, 2014, the agreement was reached between the Defendant and the Defendant on the payment of KRW 595,50 to the Plaintiff (hereinafter “instant agreement”).

The Plaintiff and the Defendant are both parties to the mutual agreement on the deliberation of the dispute over reimbursement of automobile insurance (hereinafter referred to as the “instant agreement”). The main contents of the instant agreement are as follows:

Article 21 (Special Cases concerning Handling of Requests for Deliberation on Small Claims) (1) of the Mutual Agreement on the Deliberation of Dispute over Compensation for Automobile Insurance (hereinafter referred to as “request for small claims”), where the amount of claims for the amount of claims for deliberation filed by a claimant against the respondent is less than 20,000 won (hereinafter referred to as “request for deliberation”), a secretary general shall, prior to submitting for deliberation by the Deliberative Committee, request the applicant and the respondent to nominate the representative of each claimant and the respondent without delay, and attach

(2) An agreement between the appellant and the appellee through consultation under the above paragraph (1).