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(영문) 서울중앙지방법원 2017.06.15 2016나74295
구상금
Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

Reasons

1. Basic facts

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

B. At around 13:50 on January 18, 2016, the Plaintiff’s vehicle: (a) had been making a U-turn in accordance with the new name on the road of the Do four-line Egncheon-gu, Ocheon-gu, Ocheon-si, U.S., and tried to proceed in the future again, the Plaintiff’s vehicle, following the left side of the Defendant’s vehicle entering the alley in the same direction as the U.S. vehicle located behind the rear side of the Plaintiff’s vehicle, had an accident shocking the part of the U.S. car’s mother to the right side of the Plaintiff’s vehicle (hereinafter “instant accident”).

C. On May 16, 2016, the Plaintiff filed a request for deliberation against the Defendant for deliberation by the committee for deliberation on indemnity disputes (hereinafter “Deliberation Committee”), and the Deliberation Committee rendered deliberation and resolution by calculating the fault ratio of the Plaintiff’s vehicle and the Defendant’s vehicle as 7:3 in consideration of the fact that the Plaintiff’s vehicle was prior, accident points, shock level, etc., and that the Plaintiff’s vehicle and the Defendant’s vehicle were faced with the Defendant’s vehicle that was going behind while narrowing the space.

On February 24, 2016, the Plaintiff paid KRW 1,520,000 at the repair cost of the Plaintiff’s vehicle.

[Ground of recognition] The fact that there is no dispute, Gap's 1, 3 through 7, Eul's 1 and 2, or the purport of the whole pleading

2. The Defendant asserts to the effect that the instant lawsuit is unlawful, since the decision of the Review Committee became final and conclusive, a compromise contract on the ratio of negligence between the original and the Defendant was concluded, and accordingly, there was an agreement on the ratio of negligence.

According to the purport of Gap evidence No. 6 and the whole arguments, the closing date for the deliberation and resolution of the deliberation committee on the instant accident is June 9, 2016, and the instant lawsuit is filed at the closing date.

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