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(영문) 서울중앙지방법원 2020.10.13 2020나27456

구상금

Text

1. The part against the defendant among the judgment of the court of first instance is revoked, and the plaintiff's claim corresponding to the revoked part is dismissed.

Reasons

1. Basic facts

A. As to the Plaintiff C (hereinafter “Plaintiff”), the Defendant is an insurer who concluded each automobile insurance contract with respect to D vehicles (hereinafter “Defendant vehicle”).

B. On March 30, 2014, around 23:46, the Plaintiff’s vehicle made a left-hand turn to H in the direction of the G at the front of the F Elementary School located in Busan, Busan, and stopped a pedestrian at the crosswalk. The Defendant’s vehicle, who was making a left-hand turn in the direction of G in the direction of Mad H, found the left-hand turn to the left-hand turn in the direction of Mad H, and the left-hand part of the Plaintiff’s left-hand side of the Defendant vehicle,

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

After paying KRW 2,028,840 as insurance money with respect to the foregoing accident, the Defendant filed a petition with the Plaintiff for deliberation. On August 17, 2015, the Review Committee recognized the Plaintiff’s fault ratio of the Plaintiff’s vehicle in the instant accident as 30%. On September 3, 2015, the Defendant corrected the deliberated amount to KRW 1,365,530, the amount equivalent to the victim’s medical expenses out of the insurance money paid by the Defendant under the agreement between the Plaintiff and the Defendant, and the said decision (hereinafter “instant adjustment decision”) was deemed to have been delivered to the Plaintiff on August 27, 2015, when ten days elapsed from the date of deliberation pursuant to Article 26(4) of the Mutual Agreement Concerning the Deliberation on the Settlement of Automobile Insurance Claim (hereinafter “Mutual Agreement”).

On October 30, 2015, the Plaintiff paid KRW 1,365,530 to the Defendant according to the above decision, and filed a lawsuit on December 31, 2015.

[Ground of recognition] Facts without dispute, Gap 1 through 5 evidence, Eul 1 through 3, 5 through 7 each entry, the purport of the whole pleadings

2. Determination on the defense prior to the merits

A. According to Articles 27 through 28 of the instant mutual agreement, if the claimant or respondent did not make a request for review or file a lawsuit within 14 days from the date of receipt of the notice of decision of the Review Committee, the Review Committee.