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(영문) 서울중앙지방법원 2017.08.30 2017나10274
손해배상(기)
Text

1. The judgment of the court of first instance is modified as follows.

The Defendants jointly do so to the Plaintiff and KRW 6,331,480.

Reasons

1. Facts of recognition;

A. 1) The Plaintiff entered into the instant comprehensive automobile insurance contract

C.A vehicle (hereinafter referred to as “instant vehicle”) between the vehicle and

As to the insurance period, a comprehensive automobile insurance contract with the first month from October 22, 2012 to November 22, 2012 (hereinafter “instant insurance contract”) (hereinafter “instant insurance contract”).

(2) The Defendant Eastern Fire (hereinafter “Nonindicted Company”) entrusted the management of insurance solicitation and management to Korea Co., Ltd. (hereinafter “Nonindicted Company”). The Plaintiff concluded the instant insurance contract through Defendant B, an insurance solicitor working in the Nonparty Company, through Defendant B.

B. On October 20, 2012, the Plaintiff, while driving the instant vehicle around 14:45 on or around October 20, 2012, was involved in the occurrence and reimbursement of the instant traffic accident, Samsung Fire and Marine Insurance Co., Ltd. (hereinafter “Tho Fire”).

(A) a traffic accident that conflicts with a vehicle covered by the automobile insurance (hereinafter “instant traffic accident”).

2) The Plaintiff’s negligence on the instant traffic accident was asserted as 30%, and the Seoul Central District Court filed a claim for reimbursement against the Plaintiff (Seoul Central District Court 2013Gada86193).

The Plaintiff was served with the decision on performance recommendation of the above court and did not raise an objection, and thus, “the Plaintiff paid 6,31,480 won to Samsung Fire and 5% per annum from February 23, 2013 to October 29, 2013, and 20% per annum from the next day to the date of full payment.” The decision on performance recommendation became final and conclusive on November 13, 2013.

C. The process of compulsory auction for the real estate owned by the Plaintiff is 1) Samsung Fire, as the Plaintiff did not repay the indemnity amount according to the decision on performance recommendation, the Plaintiff’s housing owned by the Plaintiff (hereinafter “instant real estate”).

D. D. D.

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