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(영문) 서울중앙지방법원 2020.10.21 2019나70591

약정금

Text

The judgment of the first instance shall be revoked.

The plaintiff's claim is dismissed.

All costs of the lawsuit shall be borne by the plaintiff.

purport, purport, and.

Reasons

1. Facts of recognition;

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

B. Around 22:00 on October 10, 2018, the Plaintiff’s vehicle was parked on the back side of the alley in the vicinity of the Green Triang Park in the Seocho-si. However, while the Defendant’s vehicle passes behind it, the lower part of the lower part of the lower part of the front front part of the Defendant’s vehicle was contacted with the front front part of the Plaintiff’s vehicle.

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

Plaintiff

After the accident of this case, the vehicle was repaired by replacing the string fishing place in Co., Ltd. E on the ground that noise occurs in the stringing machine inside the string machine, and the plaintiff paid 4.2 million won at its repair cost.

(hereinafter “instant repair cost”). D.

On March 4, 2019, the committee for deliberation on indemnity disputes (hereinafter referred to as the “Deliberation Committee”) proceeding with the Plaintiff’s claim set the error ratio of the Plaintiff’s vehicle and the Defendant’s vehicle 10:90, and left the amount to be deliberated and decided as public space. The reason for the decision was that “The Plaintiff’s vehicle is parked in the present vehicle (the Plaintiff’s vehicle) due to the cause of the decision, and the respondent’s vehicle was in contact with the requested vehicle, and the respondent’s vehicle is also disputing the cause of destruction and damage, not the fault ratio, but there is no material to confirm this, the error ratio is to be determined as above, and thus, the error ratio is to be determined as above, and the Defendant did not raise any objection thereto, and the decision was finalized on March 28, 2019.” (hereinafter referred to as “reasons for deliberation and decision”).

(hereinafter referred to as “instant decision”). [The grounds for recognition] include the number of each description or image number of Gap evidence 1, 2, and 3, and Eul evidence 1, 2, 3, 5, and 6.