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(영문) 서울고등법원 2017.12.01 2017나2012873
약정금
Text

1. All appeals filed by the Plaintiff (Counterclaim Defendant) against the principal lawsuit and counterclaim are dismissed.

2. The appeal costs.

Reasons

1. The court's explanation concerning this case is the same as the statement of the judgment of the court of first instance except for the following parts written or added. As such, the court's explanation concerning this case shall be cited by the main sentence of Article 420 of the Civil Procedure Act.

【The portion to be written or added 【The fourth 15th 15th son of the judgment of the first instance to the last 200th 15th son’s (2) The respective branches of C above are as follows: (i) even after being incorporated into the Plaintiff from September 2010 to August 201, 201, at a discount rate (1105%, 2120%, 130%, 130%) based on the loss rate for the three-year period of C.

However, from September 201, from around 201, C applied a single premium rate reflecting C’s existing loss rate for vehicles and the Plaintiff’s existing vehicles. Accordingly, the Plaintiff’s contribution was set at KRW 880,743,000.

After the 5th judgment of the first instance court, the phrase “proving evidence” is added, “from September 201 to August 2012, 201”.

After the fifth decision of the court of first instance, " there is a liability" in the 19th decision of the court of first instance, "the insurance premium of the above 210,238,837 won claimed by the plaintiff (hereinafter referred to as "insurance premium for the plaintiff's assertion") shall be added."

The 6th of the 6th judgment of the first instance court shall be "D", and the 6th judgment of the first instance shall be "R" between the 4th to 5th judgment of the second instance, and "R" between the 6th judgment of the first instance and the 7th judgment shall be applied to "I".

In Part 6, the following shall be added to the 12th judgment of the first instance.

The Plaintiff asserts that since the Plaintiff applied the premium rate of 175% from September 2010 to August 201, 201, the amount of the premium of 670,504,160 won was determined, if the said premium rate was applied from September 201 to August 201, 201, the Plaintiff sustained 880,743,00 won since the premium rate of 90% was applied considering the existing loss rate of C from September 201, and the premium was set at KRW 880,743,00.

However, it is true, however.

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