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(영문) 서울중앙지방법원 2018.12.19 2017가단5048020
구상금
Text

1. The Defendant jointly with C shall pay to the Plaintiff KRW 32,400,000 and the interest rate thereon from November 11, 2016 to the date of full payment.

Reasons

1. Basic facts

A. The Plaintiff is an insurance company that aims at automobile accident insurance business, and entered into a comprehensive automobile insurance contract with D and E vehicles (hereinafter “Plaintiff vehicles”) with the insurance period from December 23, 2011 to December 23, 2012. The Defendant is an insurance company that is likewise engaged in automobile accident insurance business and has entered into a comprehensive automobile insurance contract with the LAF and G vehicles (hereinafter “Defendant vehicles”). The Defendant is an insurance company that is likewise engaged in automobile accident insurance business, with the insurance period from January 5, 2012 to May 7, 2012.

B. At around 23:30 on February 8, 2012, C, while driving the Defendant’s vehicle while under the influence of alcohol without a driver’s license, and driving the 4rd line of the Korean Power Line in the same manner as the Defendant’s government at the same time, at the government level in Seoul, a speed of about 80 km depending on the said road’s one-lane. On the other hand, C shocked the back part of the Plaintiff’s vehicle temporarily stopped on the two-lane of the said road due to a traffic accident that occurred in the front section of the said road.

(hereinafter “instant accident”). C.

The Plaintiff paid D totaling KRW 58,679,320,00 from November 28, 2012 to July 13, 2016, for medical expenses, agreed fees, etc. in accordance with the insurance non-insurance contract terms and conditions entered into with D. D.

On July 27, 2016, the Plaintiff filed an application with the Defendant for deliberation and mediation of the dispute over the instant accident in accordance with the mutual agreement on the deliberation of the dispute over the automobile insurance (hereinafter “instant agreement”). On October 17, 2016, the said committee rendered a decision that “10% of the negligence of the Defendant vehicle, 59,072,670 won, and the date of deliberation and resolution as to the instant accident” (hereinafter “instant decision”). The instant decision was notified to the original Defendant around that time.

E. The main contents of the instant agreement and its enforcement rules are as follows.

Matters concerning the deliberation of disputes over reimbursement of automobile insurance.

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