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(영문) 청주지방법원 2021.03.26 2020나11125
구상금
Text

The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

The purport of the claim and the purport of the appeal.

Reasons

1. Basic facts

A. The Plaintiff is an insurer who has entered into a mutual aid agreement on the D vehicle (hereinafter “Plaintiff vehicle”) with C, and the Defendant is an insurer who has entered into an automobile insurance contract on the F vehicle (hereinafter “Defendant vehicle”) with E.

B. On December 6, 2018, the Plaintiff’s vehicle that caused the instant accident passed through a safety zone to enter the ticket while driving along the one-lane road in the direction of Hoju-gu, U.S. Haju-si, U.S. H. H. in the direction of the third-lane road. On the other hand, the Defendant’s vehicle, who left the one-lane and stopped first than the Plaintiff’s vehicle, tried to enter the one-lane for left-hand turn, was shocked into the front part of the left-hand side of the Plaintiff’s vehicle (hereinafter “instant accident”).

I Mediation Decision 1) The Defendant paid 1,895,000 won to the Defendant’s vehicle for self-motor vehicle damage insurance, and then requested the Plaintiff to mediate the deliberation by the I Review Committee (hereinafter “Review Committee”) in accordance with the mutual agreement on the deliberation of car insurance disputes (hereinafter “instant agreement”).

2) As a result of the deliberation on March 18, 2019, the Review Committee decided to adjust the amount to be paid by the Plaintiff to the Defendant as KRW 1,326,50 (i.e., KRW 1,895,000 x 70%) with respect to the “liability ratio” (i.e., the Plaintiff’s fault) to the Plaintiff’s driver and 30% of the negligence to the Defendant’s driver.

3) On May 20, 2019, the Defendant appealed and filed a petition for review. On May 20, 2019, the Review Committee decided that the Plaintiff’s fault in relation to “liability ratio” was 80%, and that the Defendant’s fault was 20%, and that the Plaintiff’s amount to be paid to the Defendant in relation to “determined amount” was 1,516,000 won (i.e., KRW 1,895,000 x 80%).

(iv)..

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