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(영문) 서울중앙지방법원 2016.06.09 2015나49865
구상금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Facts of recognition;

A. The Plaintiff is an insurer who has entered into a comprehensive automobile insurance contract with respect to a vehicle A (hereinafter “Plaintiff”) owned CK7 taxi vehicles (hereinafter “Defendant vehicle”).

B. Around 21:50 on June 7, 2014, the Plaintiff’s vehicle, while driving a shooting distance in front of the Jinyeong-dong in the Gumyeong-dong from the Gumpon bank to the area of a D hospital, shocked the left front part of the Defendant’s vehicle entering the right side of the vehicle into the front part of the Plaintiff’s right side, and shocked the upper point on the left side of the running direction.

(hereinafter referred to as the “instant accident”). The Ministry of Safety and Inspection of the Gyeongbuk Branch of the Road Traffic Authority analyzes that the Plaintiff’s vehicle immediately before the instant accident was driven at approximately 45 km per hour, and the Defendant’s vehicle was driven at approximately 15 km per hour.

C. On June 30, 2014 and July 7, 2014, the Plaintiff paid KRW 17,541,000 in total as repair expenses. D.

The Plaintiff filed a request for deliberation against the Defendant for payment of KRW 8,770,50,50, 500, which is 50% for deliberation by the committee for deliberation on disputes over indemnity against automobile insurance (hereinafter “Deliberation Committee”). On January 19, 2015, the Deliberation Committee decided KRW 7,016,40, which is 60% of the Plaintiff’s negligence, and KRW 40% of the Defendant’s negligence (hereinafter “instant deliberation and resolution”). The Defendant, the respondent, filed a request for reexamination, and the Deliberation Committee maintained the decision for deliberation on April 13, 2015, decided that the amount of KRW 7,016,40 shall be deliberated and determined as the amount of deliberation and resolution.

E. Meanwhile, among the mutual agreement on the deliberation of a dispute over reimbursement of automobile insurance (hereinafter “instant agreement”), which serves as the basis for the establishment of the Deliberation Committee, the contents relating to the instant case are as follows.

Article 25 (Review of Decision of the Deliberative Committee) (1) of the Mutual Agreement on the Deliberation of Automobile Insurance Dispute. The claimant or respondent shall be served with a notice of decision of the Deliberative Committee.

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