1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The Plaintiff is a person who operates a motor vehicle maintenance business under the trade name of “C”, and the Defendant is an insurer who has concluded a motor vehicle insurance contract for D motor vehicles as an insurance company that runs a damage insurance business, such as automobile insurance.

B. On December 4, 2019, the Plaintiff maintained the said vehicle upon request for repair of the D vehicle owned by E, a vehicle involved in an accident.

(c)

On December 30, 2019, E transferred to the Plaintiff the claim equivalent to the self-repair cost for the Defendant.

The plaintiff received notification from E and notified the defendant of the transfer of the above insurance claim, and the above notification reached the defendant at that time.

(d)

The Plaintiff claimed KRW 3.150,000 as insurance money to the Defendant according to the circumstances of the damage adjusting business operator who was delegated to the Defendant, but the Defendant paid KRW 236,440 as insurance money to the Plaintiff on January 21, 2020.

[Reasons for Recognition] Uncontentious Facts, Gap evidence No. 1, Gap evidence No. 2-2, Gap evidence No. 3-2, Gap evidence No. 5 and 6, and the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff asserted that he was transferred the status of the insurance company E to claim insurance proceeds by acquiring a claim for insurance proceeds against the defendant.

In full view of Article 189(1) of the Insurance Business Act and Article 9-20(4) of the Regulation on Supervision of Insurance Business, an insurance company shall provide the insured, a policyholder, or a claimant at the request of the claimant for insurance proceeds with a statement of damage assessment issued by the ordinary person of damage. Thus, the Defendant, an insurance company, is obligated to disclose to the Plaintiff a statement of damage assessment prepared by the ordinary person of damage caused by the Defendant.

B. 1) Article 189(1) of the Insurance Business Act provides that a certified damage adjuster or damage adjusting business operator who is entrusted with damage adjusting services by an insurance company shall, without delay, engage in damage adjusting services and prepares a written statement of intent to inflict damage on the insurance company, the policyholder of the insurance, the insured, and the claimant for the insurance proceeds, as prescribed by Presidential Decree.