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(영문) 창원지방법원마산지원 2015.06.25 2014가단133

손해배상(기)

Text

1. Defendant B’s KRW 5,950,00 and the Plaintiff’s annual rate of KRW 5% from February 5, 2014 to June 25, 2015, and the following.

Reasons

1. Facts of recognition;

A. On May 2, 2012, around 13:42, the Plaintiff was involved in a traffic accident (hereinafter “instant accident”) by a vehicle C, which intrudes the central line and runs reversely on the basis of the high-priced level in the Seocho-gu, Changwon-si, Changwon-si.

B. Defendant B is a third-class adjuster in charge of assessment of physical damage related to a motor vehicle accident and property damage on a motor vehicle. The third-class insurer in charge of light and fire-specific motor vehicle damage assessment (hereinafter “Defendant Company”) is a corporation specialized in fire, special class, motor vehicle, third-party insurance damage amount, insurance premium calculation, etc., which employs Defendant B.

C. On May 2, 2012, the Plaintiff and Defendant B entered into an agreement on compensation for the instant accident and a claim for insurance proceeds, and the Plaintiff agreed to pay 10% of the amount received to Defendant B as commission (hereinafter “instant agreement”).

As a result of the Defendant B’s agreement on Samsung Fire and Compensation, on June 27, 2012, on the premise that the instant accident occurred with the Samsung Fire and Marine Insurance Co., Ltd. (hereinafter “Tsung Fire”) and the Plaintiff would have a plehion, drilling frame, disability rate of 27%, disability rate of 60 months, and disability period of 60 months, the Plaintiff agreed to receive 35,000,000 won as compensation for damages, including post-damage, and give up all rights to the instant accident, and to not file a civil or criminal lawsuit or objection against the instant accident, and received KRW 35,00,000 from Samsung Fire as compensation for damages.

On June 28, 2012, the Plaintiff paid KRW 3,500,000, which is 10% of the damages under the instant agreement, to Defendant B.

E. Around June 20, 2012, Defendant B performed the Plaintiff’s duty of claiming life and injury insurance proceeds on behalf of the Plaintiff, and the Plaintiff received KRW 24,500,000 from Hyundai Marine Fire Insurance Company, etc. totaling KRW 24,50,000.

In accordance with the instant agreement, the Plaintiff: (a) on March 8, 2013, to Defendant B, 10% of the insurance proceeds, 2,450.