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(영문) 서울중앙지방법원 2019.07.17 2018나81433

구상금

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

Claim:

Reasons

1. Facts of recognition;

A. The Plaintiff is an insurer who entered into an automobile comprehensive insurance contract, including automobile injury security, with respect to D vehicles owned by C (hereinafter “Plaintiff vehicles”), with C, and the Defendant is an insurer who entered into an automobile insurance contract with respect to E vehicles (hereinafter “Defendant vehicle”).

B. At around 14:13 on March 28, 2018, the Defendant’s vehicle turned the erroneous distance prior to the construction site in G apartment room from G apartment room to H apartment room. At the same time, the Defendant’s vehicle’s left turn to the left turn to the left turn from the right side of the Plaintiff’s vehicle, which was under way from the right side of the regular distance to the right side of 43th (43).

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

At the time of the instant accident, the Health Insurance Review and Assessment Service diagnosed that the injury suffered by C, who was the driver of the Plaintiff’s vehicle, constitutes a cryp and cryp salted base.

The Plaintiff and the Defendant have no particular dispute over the content and degree of the injury sustained C due to the instant accident, and the injury of C is recognized in accordance with the purport of reference materials and the entire pleadings submitted by the Plaintiff.

From May 29, 2018 to September 10, 2018, the Plaintiff paid C insurance proceeds of KRW 1,158,260 in total under the name of the hospital medical expenses and treatment expenses incurred from the instant accident.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5, Eul evidence No. 2, or the purport of the whole pleadings

2. The Defendant’s judgment on the defense prior to the merits has filed the instant lawsuit without going through a dispute settlement procedure under a mutual agreement on the deliberation of the dispute over automobile insurance (hereinafter “instant agreement”), and thus, the instant lawsuit is unlawful as it does not have any benefit to the protection of rights.

On the other hand, the agreement of this case is a simple, speedy and economical settlement of the claim of compensation between non-life insurers, etc.