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(영문) 대구지방법원 2020.01.22 2019나312928
구상금
Text

1. The part against the defendant among the judgment of the court of first instance is revoked, and the plaintiff's claim corresponding to the revoked part is revoked.

Reasons

1. Basic facts

A. The Plaintiff is a mutual aid business entity that entered into a mutual aid agreement to compensate for liability for damages caused by an accident that occurred in the operation of the said vehicle with respect to C vehicle (hereinafter “Plaintiff vehicle”).

The Defendant is an insurer who has entered into a comprehensive automobile insurance contract with respect to D vehicles (hereinafter referred to as “Defendant vehicles”).

B. On December 29, 2017, around 17:15, 2017, the driver of the Plaintiff’s vehicle proceeded to a two-lane road in the Daegu-gu Highway located at a point of about 68 km in Daegu-gu Highway, and changed to a one-lane, while changing to a one-lane, the driver of the Plaintiff’s vehicle shocked the front part of the right side of the Plaintiff’s vehicle (hereinafter “victim’s vehicle”) going to the port side of the Plaintiff’s vehicle while changing to a one-lane vehicle.

(hereinafter referred to as “instant accident”). C.

From February 2, 2018 to March 16, 2018, the Plaintiff paid total of KRW 11,348,000, including repair cost of damaged vehicles, KRW 7,848,00, KRW 3,140,000, and towing cost of KRW 360,000.

Since then, pursuant to the mutual agreement on the deliberation of the dispute over the reimbursement of automobile insurance (hereinafter “instant agreement”), the Plaintiff filed an application for the mediation of the dispute over the reimbursement of automobile insurance with the Defendant as the respondent (hereinafter “Deliberation Committee”) in accordance with the attached form, pursuant to the “Mutual Agreement on the Deliberation of the Settlement of Automobile Insurance Claim (hereinafter “instant agreement”).

On July 30, 2018, the Deliberation Committee made a deliberation and decision (hereinafter “instant decision”) on the following matters:

E. The plaintiff and the defendant did not file a lawsuit within the fixed period from the date of receipt of the notice of the decision of this case, which became final and conclusive.

[Reasons for Recognition] Facts without dispute, Gap evidence 1 through 6, Eul evidence 1 to 3, the purport of the whole pleadings

2. The Plaintiff’s assertion that the instant accident occurred is without merit the Defendant’s vehicle that the Plaintiff’s driver was going before the Plaintiff’s vehicle in the mountain-dong tunnel.

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