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(영문) 서울중앙지방법원 2016.05.18 2015가단15588

약정금

Text

1. The Defendant shall pay to the Plaintiff KRW 26,940,00 and the interest rate of KRW 15% per annum from February 6, 2015 to the day of complete payment.

Reasons

1. Basic facts

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

B. On March 13, 2013: D’s alley located in Gangnam-gu Seoul, Gangnam-gu, Seoul, the Defendant’s vehicle is backward.

In the latter case, an accident that contacts the plaintiff's vehicle in progress occurred.

(hereinafter “instant accident”). C.

The Plaintiff spent KRW 26,940,000 due to the instant accident, and filed a petition with the Defendant for deliberation on the payment of KRW 26,940,000 paid by the Plaintiff due to the instant accident at the Deliberation Committee on the Settlement of Automobile Insurance (hereinafter “Deliberation Committee”). On February 3, 2014, the Deliberation Committee rendered a decision to deliberate on the purport that “the ratio of the Plaintiff’s liability is zero percent, and the Defendant’s liability ratio is 100%, and the amount that the Defendant is liable to pay to the Plaintiff is KRW 26,940,00.”

On February 12, 2014, the defendant filed a request for review on February 12, 2014, but the decision of the court below was maintained, and the above decision became final and conclusive because the defendant did not file a lawsuit against it

E. The Plaintiff and the Defendant are parties to the mutual agreement on the deliberation of the dispute over the claim for reimbursement of automobile insurance (hereinafter “instant agreement”). The main contents of the instant agreement and the enforcement rules are as follows.

Article 17 (Request for Deliberation and Commencement of Deliberation Procedure) (1) The procedures for the settlement of disputes on indemnity under this Agreement shall begin by the request for deliberation.

(2) An appellant may request the deliberation of a dispute concerning indemnity by specifying the appellee.

The method of requesting deliberation, cost bearing, and other necessary matters shall be prescribed by the implementation rules.

Article 18 (Duty of Transitioning Request for Review) All agreements companies shall first file a suit with a court or file a claim for arbitration, if the dispute settlement procedures set forth in this Agreement are not terminated.