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(영문) 서울남부지방법원 2018.01.18 2017나55839
구상금
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. Basic facts

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

B. On August 6, 2016, around 18:27, 2016, the Plaintiff’s vehicle stopped on the two-lanes of the second line of the Jinju-si, Jinnam-do, Jinnam-do, Jinsan innovation City,LH, and tried to start again, the lower part of the right-hand part of the Defendant’s vehicle proceeding along the first line, which led along the front line of the Plaintiff’s vehicle, was shocked into the upper part on the left-hand part of

(hereinafter “instant accident”). C.

On August 19, 2016, the Plaintiff paid 1,584,000 won of the insurance money at the cost of repairing the Plaintiff’s vehicle.

On the other hand, with respect to the instant accident, the Defendant paid KRW 876,00 as the repair cost of the Defendant, and applied for the deliberation and mediation of the committee for deliberation of the dispute over the automobile insurance (hereinafter “instant agreement”). On December 2016, the committee for deliberation of the dispute over the indemnity amount assessed on 60% of the negligence ratio of the Defendant’s vehicle (applicant) and 40% of the amount of the Plaintiff’s vehicle repair cost to pay the Plaintiff KRW 350,400 corresponding to the negligence ratio of the Plaintiff out of the repair cost of the Defendant vehicle (= Defendant amounting to 876,00,000 and 40%) (hereinafter “decision of deliberation and resolution of the instant case”).

[Ground of Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4, 5, 7 (including paper numbers), Eul evidence Nos. 1, 3, and 4

2. Determination on this safety defense

A. In order for the Defendant’s assertion to be dissatisfied with the decision of the deliberation committee on the instant case, the Plaintiff filed an application for reexamination or filed a lawsuit for return of unjust enrichment by paying the amount of the decision on the deliberation and resolution. As such, the said deliberation and resolution became final and conclusive.

Therefore, the lawsuit of this case is a lawsuit filed in violation of the Collegiate Agreement, and the benefit of protecting the rights is.

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