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(영문) 서울남부지방법원 2016.05.20 2016나51120

약정금

Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

Facts of recognition

A. The Plaintiff is an insurer who has concluded a comprehensive automobile insurance contract with respect to AM5 vehicle (hereinafter “Plaintiff vehicle”), and the Defendant is an insurer who has concluded a comprehensive automobile insurance contract with respect to Bsch Rexton vehicle (hereinafter “Defendant vehicle”).

B. On July 8, 2014, at around 07:18, the Defendant’s vehicle: (a) at the three-lanes of the Scambridge C-operation D (hereinafter “victim”) where the Plaintiff’s vehicle, which had been running in a three-lane, was found late to the Defendant’s vehicle; (b) the Plaintiff’s vehicle driving in a three-lanes of the c-operation bridge, was found late to change the two-lanes; and (c) the Plaintiff’s vehicle driving in a two-lanes of the two-lanes, while driving in a two-lane.

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

The Plaintiff paid KRW 2,700,00 to the passengers of the damaged vehicle the insurance proceeds of KRW 960,90 in total, KRW 3,660,90 in the cost of repairing the damaged vehicle, and KRW 3,660,90 in the cost of repairing the damaged vehicle. The Plaintiff filed a petition with the Deliberation Committee on the Settlement of Automobile Insurance Claims (hereinafter “Deliberation Committee”) for deliberation on the liability dispute against the Defendant. Since the ratio of liability is 60% on the Plaintiff’s vehicle and 40% on the Defendant’s vehicle, the Deliberation Committee decided that the Defendant would pay KRW 1,464,360 (= KRW 3,660,90 x 0.4) to the Plaintiff (hereinafter “Deliberation and Decision”). On April 13, 2015, the request for reexamination was dismissed (hereinafter “Deliberation and Decision”).

(hereinafter “decision on review of this case”) D.

From the above request for deliberation to September 24, 2014, the Plaintiff paid additional insurance proceeds of KRW 1,409,330 to the passengers of damaged vehicles for medical treatment, etc.

[Grounds for recognition] The plaintiff's assertion of the parties concerned as to the facts without dispute, Gap's evidence Nos. 1 through 7, Eul's evidence Nos. 2 and the purport of the whole pleadings, the defendant is obligated to pay to the plaintiff the amount of the decision 1,080,000 won and damages for delay.

(The portion of the insurance money is returned). It is not subject to the deliberation and decision of this case.