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(영문) 부산지방법원 2018.12.14 2018나53887
약정금
Text

1. The judgment of the court of first instance is modified as follows.

The defendant shall pay to the plaintiff KRW 1,327,550 as well as to the plaintiff on July 26, 2018.

Reasons

1. Basic facts

A. The Plaintiff is an insurer who has entered into an automobile insurance contract with A (hereinafter “Plaintiff”) and the Defendant is an insurer who has entered into an automobile insurance contract with B (hereinafter “Defendant”).

B. On August 20, 2016, at around 19:20, the Defendant’s vehicle: (a) had a collision with the Plaintiff’s vehicle that was making a left-hand turn to the left-hand turn at the right place in the vicinity of the Jink-gun, Busan, Busan, the Korean-do, the Korean-style, the Korean-style, the Korean-style, the Korean-style, the Korean-style, the Korean-style,

C. The Plaintiff paid a total of KRW 8,480,250,000 for the instant accident due to the repair cost, etc., and filed a petition for deliberation with the committee for deliberation on disputes over the rate of fault in connection with the instant accident (hereinafter “Deliberation Committee”). On April 6, 2018, the Deliberation Committee decided to mediate the case with the purport that “70% of the Plaintiff’s liability ratio, the Defendant’s liability ratio is 30%, and the amount that the Defendant is liable to pay to the Plaintiff is KRW 4,749,910.”

The plaintiff and the defendant did not make a request for review or bring a lawsuit against the decision within the objection period of 14 days.

After the judgment of the court of first instance was rendered on July 25, 2018, the Plaintiff received KRW 1,200,000 from the Defendant for C and D, and received KRW 624,580,580,639,830, a total of KRW 3,664,410, each of which was paid by the Plaintiff for E and F.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 5, 6, Eul evidence Nos. 1, 2, and 3, the purport of the whole pleadings

2. The assertion and judgment

A. The summary of the party’s assertion 1 is that the Defendant’s vehicle only purchased liability insurance, and the Defendant is liable to pay insurance proceeds only to the extent of the liability supply. At the time of deliberation, the Plaintiff’s vehicle’s liability and limit could not be asserted since it could not be known at the time of deliberation. The Plaintiff’s money based on the content of the insurance contract on July 25, 2018, which was subsequent to the specification of liability limit.

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