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(영문) 서울남부지방법원 2016.07.15 2015가단209648
보험에관한 소송
Text

1. In relation to the repair cost of each vehicle listed in [Attachment 1] through (Attachment 8), insurance money to the plaintiff's defendant.

Reasons

1. Basic facts

A. The Plaintiff is an insurer who has entered into an automobile insurance contract with respect to each vehicle listed in [Attachment 1] through (Attachment 6], each vehicle listed in [Attachment 8] and each vehicle listed in [Attachment 7] (hereinafter referred to as “each vehicle of this case”) which causes damage to the substitute (hereinafter referred to as “each vehicle of this case”), and the Defendant is a person who engages in the automobile maintenance business, etc. in the trade name “B Automobile Industrial Complex.”

B. In accordance with Article 13-2(1) of the former Guarantee of Automobile Accident Compensation Act (wholly amended by Act No. 9065 of Mar. 28, 2008), the Minister of Construction and Transportation, based on the results of entrusting the research and study of automobile maintenance fees to the research service community comprised of three research institutes of the Korea Industrial Relations Institute, the Korea Industrial Technology Institute affiliated with the Korea Insurance Development Institute, and the Korea Institute of Automobile Maintenance Technology Institute, and the Korean Institute of Automobile Maintenance Technology, published the “patching and exchange standard work hours table” and “patching and exchange standard work hours table” (including hours) around June 17, 2005.

C. On the other hand, on April 9, 2013, the Plaintiff entered into a contract with the Defendant on “the cost of the insurance maintenance” (hereinafter “instant contract”) setting forth the necessary matters and the criteria for the application of the insurance maintenance fee when the Defendant repairs an automobile upon the request of the Plaintiff’s policyholder, the insured, and other interested parties (victims, etc.) for the repair of the automobile. The main contents are as follows.

§ 3. [Contract Term] This Agreement shall be one year from the date of the contract.

However, unless one of the "A" (referring to the plaintiff; hereinafter the same shall apply) and "B (referring to the defendant; hereinafter the same shall apply) expresses in writing his/her intention to terminate the contract not later than 30 days before the end of the contract period, it shall be extended by one year under the same conditions as this contract.

Article 4 (Standards for Application of Insurance Maintenance Fees) The plaintiff and the defendant shall have the insurance maintenance fees as follows:

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