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(영문) 서울중앙지방법원 2018.04.11 2017나60262
구상금
Text

1. The defendant's appeal is dismissed.

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

3. The judgment of the court of first instance stated in paragraph (1) of the same Article.

Reasons

The court's explanation of this case by the court of the first instance as to this case is the same as the part of the reasoning of the first instance judgment, and thus cites this case in accordance with the main sentence of Article 420 of the Civil Procedure Act, except for adding the following Paragraph 2

(1) In light of the fact that there was no fault on the part of the Defendant in the trial on the second accident, but the Plaintiff’s vehicle and the Nonparty’s cargo could have difficulty in identifying the Defendant’s vehicle at night, and the second accident occurred while the Defendant’s vehicle stopped on an expressway after the first accident, the error ratio of the Plaintiff’s vehicle and the Defendant’s vehicle may be recognized as 80% to 20%.) additional part - The J Deliberation Committee (hereinafter “Deliberation Committee”) proceeding to determine the scope of responsibility for the second accident claiming the validity of the J Deliberation Committee’s decision at the request of the Plaintiff, which was conducted to determine the scope of responsibility for the second accident. However, the Plaintiff maintained the first decision on the fault of the Defendant’s vehicle at 0%, and the Plaintiff did not raise any further objection. Accordingly, the decision on the rate of negligence on the Defendant’s vehicle is binding on the Plaintiff and the Defendant.

Judgment

The following facts can be acknowledged in full view of the purport of the entire arguments in each of the statements in the evidence Nos. 1-3, 4, 2-1 through 5, 3-1 through 8 of the evidence Nos. 1-3, 2-2. A) The Plaintiff and the Defendant’s “mutual agreement on the deliberation of a dispute over the claim for reimbursement of automobile insurance” (hereinafter “mutual agreement”)

The principal contents of the mutual agreement are the parties to the agreement to which the Committee has acceded. (1) The claimant may file a lawsuit, etc. in respect of a dispute of indemnity which has become the object of decision of the Committee within 14 days after receipt of the notice of decision of the Review Committee (if a request for review has been made, within 14 days after receipt of the notice of decision of review).

(2) An appellee shall be a deliberative committee.

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