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(영문) 인천지방법원 2017.11.09 2017가단14474 (1)

보험금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The plaintiff is a company engaged in automobile maintenance business, and the defendant is an insurance company engaged in automobile insurance business, etc. in accordance with the Insurance Business Act and the relevant statutes.

B. (1) On August 26, 2010, the Plaintiff entered into a contract for automobile insurance maintenance (hereinafter “instant contract”) under which the Defendant set the standard for applying the insurance maintenance fee to be paid by the Defendant in relation to the automobile repair of a person who requested the repair of an automobile, such as a motor vehicle policyholder, the insured, or the victim, etc., who is a damage adjusting business that is a damage adjusting business that is entrusted by the Defendant and a damage adjusting business that is entrusted by the Defendant

In concluding the contract, the above contract term shall be one year, and the contract shall be deemed to have been concluded again under the same condition unless there is any special declaration of intention 30 days before the end of the contract term (Article 8), and where one of the parties violates the terms and conditions of this contract, if it is impracticable to maintain the contract due to the Plaintiff’s default, provisional attachment, provisional disposition, petition for bankruptcy, filing of composition, application for composition or other similar reasons, it is difficult to maintain the contract due to the Defendant’s management circumstances, the contract may be terminated halfway if the Plaintiff or the Defendant neglected to perform his duties or commits illegal or wrongful acts (Article 10(2)). (3) At the time of the contract of this case, the contract of this case determined that the contract amount per hour applicable to the calculation of the price of the insurance maintenance at the time of the contract of this case shall be 22,830 won, respectively, and in principle, the standard time table and seal table for each type of automobile, which are publicly announced by the Ministry of Land, Transport and Maritime Affairs, shall be applied, in consultation with the new model.

(Article 4). 3 The plaintiff, on March 23, 2015, used to calculate the repair cost to the defendant on March 23, 2015, is published by the Ministry of Land, Transport and Maritime Affairs.

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