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(영문) 서울중앙지방법원 2017.09.26 2016가단5264511
약정금
Text

1. The Defendant shall pay KRW 35,218,00 to the Plaintiff the annual rate of KRW 20% from April 22, 2016 to the date of full payment.

Reasons

1. Basic facts

A. (1) The Plaintiff is an insurer who has entered into an automobile comprehensive insurance contract with respect to a motor vehicle A (hereinafter “Plaintiff”) and the Defendant is an insurer who has entered into a comprehensive motor vehicle comprehensive insurance contract with respect to B (hereinafter “Defendant vehicle”).

(2) Around 08:55 on January 1, 2015, the Defendant’s vehicle, while driving along one lane in the vicinity of the Southern-gu Southern-gu Seoul metropolitan area, conflicts between the Plaintiff’s vehicle and the Plaintiff’s vehicle driving along two lanes after changing its way to the right in order to avoid drilling with the front vehicle.

(hereinafter “instant accident”). (b)

(1) The Plaintiff paid KRW 41,770,00 to the Plaintiff’s automobile repair cost, towing cost, etc., and then filed a request for deliberation with the Deliberative Committee on the Settlement of Automobile Insurance Claim (hereinafter “Deliberative Committee”) at KRW 41,770,000 to the Defendant.

Accordingly, on November 23, 2015, the Defendant submitted to the Deliberation Committee a written response stating the Defendant’s ratio of liability to 70%, the amount recognized to 29,239,000 won (41,770,000 x 70%).

(2) On February 1, 2016, the Sub-Deliberation Committee set the respective ratio of responsibility between the Plaintiff and the Defendant’s vehicle as 15% and 85%. On February 1, 2016, the Sub-Deliberation Committee decided to deliberate and coordinate the amount to be deliberated and decided by the Defendant to be paid to the Plaintiff by 35,504,500 won (41,770,000 x

(3) On February 24, 2016, the Defendant submitted a written request for reexamination, stating the grounds for the request for reexamination as “the driver’s reasonable amount is expected to be paid to the driver as the upper limit of KRW 10,000,000,000,000,000,000.”

(4) On March 28, 2016, the Review Committee rendered a deliberation and resolution on the same content as that of the above (2) on the grounds that it maintained the decision under the foregoing (2) (hereinafter “instant decision”). The closing date for objection to the instant decision is April 21, 2016, and the Plaintiff and the Defendant filed a lawsuit by the closing date.

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