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(영문) 서울남부지방법원 2016.12.01 2016나58305
약정금
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

Facts of recognition

A. With respect to A vehicle (hereinafter “Plaintiff”), the Defendant is an insurer who entered into a comprehensive automobile insurance contract with respect to B vehicle (hereinafter “Defendant vehicle”).

B. On September 26, 2012, around 06:15, the Plaintiff’s vehicle entered the place of safety in the white solid line section in which the Defendant’s vehicle was driving along the four lanes near the “D” restaurant located in Kuri-si, Seoul, along the fourth lane of the 4-lane road, and there was an accident that conflict with the Defendant’s vehicle, which was parked in the said safety zone.

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

The decision-making final and conclusive Plaintiff paid KRW 4,369,390 in total to the Plaintiff’s driver and passengers for the purpose of medical treatment, etc., and filed a claim for deliberation of the damage indemnity claim with the Defendant at the Deliberation Committee on the Damage Compensation Fund (hereinafter “Deliberation Committee”). The Deliberation Committee deemed the negligence ratio to be 50% on the Plaintiff’s vehicle and 50% on the Defendant’s vehicle to be 2,184,695 won (i.e., KRW 4,369,390 x 0.5) with the Defendant to pay the Plaintiff (i.e., KRW 4,39,390 x 0.5) (hereinafter “Deliberation and Decision-making”). The instant deliberation and decision-making on June 11, 2015

After the above request for deliberation, the Plaintiff paid the insurance money of KRW 567,000 at the repair cost of the Plaintiff’s vehicle on October 31, 2012.

[Reasons for Recognition] The plaintiff's assertion of the purport of Gap's 1 to 9 evidence, Eul's 1 to 1 and 2 evidence (including branch numbers) and the purport of the whole pleadings is the plaintiff's obligation to pay 2,184,695 won to the plaintiff according to the deliberation and resolution of the case.

In addition, with respect to the above additional insurance amount of KRW 567,00 which is not subject to the deliberation and decision of the case, 283,500 equivalent to 50% of the negligence of the defendant vehicle is obliged to pay the above additional insurance amount of KRW

The defendant's assertion that the accident of this case is transferred to the driver of the plaintiff vehicle.

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