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(영문) 대구지방법원 2020.04.08 2019나6322
약정금
Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

Reasons

Basic Facts

Article 1 (Delegation Contents of Duties) of the Contract for Adjustment of Damage A (the defendant; the same shall apply hereinafter) shall delegate the following matters to the "B" (the plaintiff and the same shall apply hereinafter) with respect to the Adjustment Affairs under Article 188 of the Insurance Business Act:

(4) The execution of documents related to the business affairs referred to in subparagraphs 1 through 3 shall be made by proxy to prepare and submit documents related to the business affairs referred to in subparagraphs 1 through 3. Article 4 (Adjustment Remuneration) (1) The remuneration shall, in principle, be made 09-01, be made based on the remuneration standard for the C Association.

Provided, That a special agreement may be otherwise provided by the parties.

The term "A" shall pay value-added tax to "B" in addition to remuneration.

C Standard of Remuneration for Readings, 09-01, 10 December 2009

2. The term "amount of damage evaluation" in this standard (3) means the amount of damage evaluation prepared and signed and sealed by a certified damage adjuster as "amount of damage determination".

Provided, That where the amount on the damage evaluation statement related to insurance proceeds is different from the amount received by the insurance company, the holder of the insurance claim shall be deemed to be "damage evaluation amount".

3. Standards for remuneration (1) The basic remuneration for damage adjusting services in C shall be 10 percent (excluding value-added tax) of the amount of damage adjusting services.

In such cases, the parties to the damage adjustment service may agree on an agreement within the scope of the basic remuneration.

On February 17, 2018, the Plaintiff entered into a business delegation agreement (hereinafter “instant contract”) with the Defendant to assess the damage caused by the insurance accident stated in the attached Form (hereinafter “instant insurance accident”). The main contents of the instant contract, etc. are as follows.

The Plaintiff is from D Co., Ltd. (hereinafter “instant insurance company”) on July 23, 2018 and from the instant insurance company.

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