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(영문) 서울중앙지방법원 2015.09.22 2014가단195166
약정금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is an insurer who has entered into an automobile insurance contract with A and B (hereinafter “Plaintiff”), and the Defendant is an insurer who has entered into a liability insurance contract with C and C with C, with the limit of physical damage compensation with respect to the vehicle with C, C,100,000,000 won per accident.

B. At around 21:30 on March 8, 2012, C driven the Defendant’s vehicle and proceeded in violation of the stop signal at the front intersection in the area of Sungnam-si, Sungnam-si, and caused the Plaintiff’s vehicle shock.

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

On September 26, 2012, the Plaintiff paid insurance money of KRW 28,334,00 to the Plaintiff’s vehicle repair cost, and filed a petition with the Defendant for deliberation by the committee for deliberation on the dispute over indemnity against automobile insurance. On July 15, 2013, the Deliberation Committee rendered a decision with the negligence ratio of the Plaintiff’s vehicle and the Defendant’s vehicle to KRW 0:100 (hereinafter “instant decision”). The Defendant was served with the notice of the instant decision and did not request reexamination or file a lawsuit, and the instant decision became final and conclusive.

On the other hand, the main contents of the mutual agreement on the deliberation of disputes over claims for reimbursement of automobile insurance (hereinafter “instant agreement”) which serve as the basis of the establishment of the Deliberative Committee are as follows, and the original Defendant is both parties to the instant agreement.

Article 1(Purpose)The purpose of this Agreement is to resolve, reasonably and economically, disputes arising between insurers or mutual-aid operators on the existence and scope of liability for motor vehicle insurance or motor vehicle mutual-aid as provided for in the Guarantee of Automobile Accident Compensation Act, etc.

Article 10 (Establishment of Deliberation Committee) (1) The Deliberation Committee shall be established to mediate and resolve disputes concerning the right of indemnity between agreement companies.

(2) The Deliberative Committee shall settle disputes of recourse between agreed companies in accordance with this Agreement.

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