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(영문) 서울중앙지방법원 2018.11.16 2017나78515

기타(금전)

Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. The Plaintiff’s contract 1) The Plaintiff operates the automobile maintenance business in Yangcheon-ro 620, Gangseo-gu, Seoul, and for this purpose, the Plaintiff is delegated by the Defendant to handle the insurance accident on April 15, 2013 (hereinafter “Tsung Fire Damage Adjustment”).

(B) The insurance maintenance fee contract under which the Defendant agrees on the criteria for the application of the insurance maintenance fee to be paid in respect of the repair of the insured events (hereinafter referred to as the “instant fee contract”).

The purpose of this contract is to determine the rights and obligations between the Plaintiff and Samsung Fire Adjustment with respect to the repair of the insured incident by the Defendant’s policyholders, etc. who entrusted the management of the insurance accident to Samsung Fire Damage, and to promote mutual rights and interests by mutual agreement among the criteria for the application of the insurance maintenance fees to be paid by the Defendant. Article 1 [the purpose of this contract]

1. 24,550 won 24,550 won for maintenance, which applies to the cost of repair to calculate repair;

2. The working hours are subject to the Standard Work Hours Table and the painting table published by the Ministry of Land, Transport and Maritime Affairs at the time of 05 “the Ministry of Land, Transport and Maritime Affairs” under Article 16 of the Guarantee of Automobile Accident Compensation Act (hereinafter “Act”).

Provided, That where there are items of maintenance not specified in the standard work hours table and painting table, it shall be applied in consultation with each other.

4. The standard work hours table and painting table published by the Ministry of Land, Transport and Maritime Affairs in 205, and the standard work hours table and painting table which the Korea Insurance Development Institute, the Institute of Automobile Technology, and the Institute of Automobile Research and Development, shall apply to new types of vehicles;

Article 6 [Request for Repair Expense, Payment and Deduction]

3. Where the Plaintiff completed the automatic repair management of Samsung Fire Damage Evaluation, the Korea Insurance Development Institute within seven days, except in extenuating circumstances by the Plaintiff.