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(영문) 인천지방법원 2013.09.06 2013고정762
변호사법위반
Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged is as follows: (a) the Defendant entered into a damage adjusting business contract with E at the Defendant’s office located in Namdong-gu, Incheon, Incheon, on June 24, 2010, on condition that he/she act as an agent in relation to the claim for insurance money against Samsung Fire Insurance Co., Ltd. regarding the fall accident of the wife F, 20% of the received insurance amount shall be paid as a fee; (b) the Defendant agreed to receive 30% of the received insurance amount as a fee; and (c) provided arbitration or reconciliation as to the determination of the amount of damages that she would interfere with the hospital and reach the disability rate of 30% in contact with the insurance company’s employees; and (d) received KRW 36 million from E from July 24, 2010 to

2. Determination

A. The defendant's assertion and defense counsel's defense counsel's defense is the defendant's defense and the defendant's defense counsel's defense counsel's defense is limited to the determination of insurance money within the scope of damage adjustment business permitted by the law as an adjuster, and there is no fact of dealing with legal affairs such as reconciliation in general legal cases by arranging the agreement between the client and the insurance company

B. The duty of a certified damage adjuster is to confirm the occurrence of damages, determine the appropriateness of applying the terms and conditions of insurance and the relevant laws and regulations, assess the amount of damages and insurance proceeds, act as a proxy to prepare and submit documents related to each of the above duties, and state his/her opinion on the insurance company with respect to the performance of the above duties (Article 188 of the Insurance Business Act). Even if a certified damage adjuster submits a certified damage adjustment report to an insurance company in the course of performing his/her duties, and it is necessary to clarify the grounds for the entries at the request of the insurance company and present his/her opinion on the validity of the report, such report is limited to the inspection of damages caused by the insurance accident and the circumstances of

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