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(영문) 광주지방법원 2017.12.15 2017나57904

손해배상(자)

Text

1. The plaintiff's appeal is dismissed.

2. Of the appeal costs, the part arising between the Plaintiff and the Defendant is the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is the insurer of the Plaintiff’s vehicle B (hereinafter “Plaintiff’s vehicle”), and the Defendant is the insurer of the Defendant’s vehicle C (hereinafter “Defendant’s vehicle”).

B. Around 12:10 on June 14, 2016, when driving the Defendant vehicle and entering the road located on the right side in front of the Fmat in Nam-gu, Nam-gu, Gwangju, there was an accident that led to the left part of the Plaintiff’s driver’s driver’s left-hand turn from the said small road, following the left part of the Plaintiff’s driver’s driver’s left-hand turn to the left part of the Defendant vehicle’s left-hand part.

(hereinafter referred to as “instant accident”). C.

After paying KRW 1,418,711 to the Plaintiff’s Intervenor as the repair cost of the Plaintiff’s vehicle, the Plaintiff filed a petition for deliberation with the Deliberation Committee on the Settlement of Automobile Insurance Claims (hereinafter “Deliberation Committee”) to seek reimbursement of KRW 1,418,711 of the insurance money paid by the Plaintiff against the Defendant in accordance with the Mutual Agreement on the Deliberation on the Settlement of Automobile Insurance Claims (hereinafter “instant Agreement”).

On November 21, 2016, the Review Committee rendered a decision to set the amount to be paid by the Defendant to the Plaintiff as KRW 709,355, while the negligence ratio of the Plaintiff’s vehicle and Defendant’s vehicle in the instant accident is 50% larger than that of 50%. On January 9, 2017, the Review Committee rendered a decision to maintain the said decision of the Review Committee (hereinafter “instant decision”).

On the other hand, the main contents of the instant agreement and its implementation rules, which serve as the basis for the establishment of the Deliberation Committee, are as follows.

The purpose of this Agreement is to rationally and economically resolve disputes arising between the insurer or the mutual-aider with respect to the existence of liability and the scope of liability for automobile insurance or automobile mutual-aid as provided for in the Guarantee of Automobile Accident Compensation Act, etc.