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(영문) 전주지방법원 2018.11.29 2017나9292

약정금

Text

1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

Reasons

1. Basic facts

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

B. On April 11, 2016, a D 14 tons car truck driven by C (hereinafter “C”) shocked the front right side of the Plaintiff’s vehicle in direct position under the new code in the opposite part of the non-protection line at the intersection located at the 4th eth eth eth eth eth rith rith rith rith rith rith rith rith rith rith rith rith rith rith rith rith rith rith rith rith rith rith rith rith rith rith rith rith rith rith rith rith,

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

E, who was on the right top of the Defendant vehicle, was injured by the instant accident requiring approximately two weeks of medical treatment, such as the left top of the back, and the Defendant paid KRW 1,143,840 as insurance money to E in the name of the agreed amount and treatment expenses for the instant accident.

(hereinafter “Insurance Money paid by the Defendant”) D.

The Plaintiff paid KRW 13,200,000 to the driver of the Plaintiff’s vehicle with the insurance proceeds from the instant accident.

(hereinafter “Insurance Money paid by the Plaintiff”). (e)

On the other hand, the main contents of the mutual agreement on the deliberation of car insurance disputes (hereinafter “instant indemnity agreement”) are as follows.

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

Article 3 (Scope of Application) All agreements companies, participating entities, and agreement bodies shall be governed by this Agreement.