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(영문) 광주지방법원 2016.06.24 2016나789
약정금
Text

1. Of the judgment of the court of first instance, the part against the defendant in excess of the money ordered to be paid below shall be revoked.

Reasons

1. Basic facts

A. The Plaintiff is a mutual-aid business entity who is a mutual-aid business entity with respect to B-si operated by A (hereinafter “Plaintiff”) with respect to the damage incurred during his/her operation.

The defendant is an insurer who has entered into an automobile insurance contract with respect to D vehicles driven by C (hereinafter referred to as "Defendant vehicle").

B. On July 18, 2013, 17:00 Gwangju, the Plaintiff’s vehicle moved back from the front side of the Gyeong-dong, Seo-gu Standing branch to the Rocheon-do, which is the fourth-lane, and entered the first-lane. In the process, the Plaintiff’s vehicle was driven by the Defendant’s vehicle in the signal waiting in front of the right-hand part of the Defendant’s vehicle, which was going into the same as the front side of the left-hand part of the Plaintiff’s vehicle in the Seo-gu, Seo-gu, Seo-gu, Seo-gu, Gwangju, with the front part of the vehicle in the same location as the front part of the front side of the vehicle in the same line, and shocked the Defendant’s vehicle in the signal waiting, while pushing the vehicle in its shock to that part.

(hereinafter referred to as “instant accident”). C.

The Plaintiff paid KRW 5,267,420 in total to E, etc. as personal compensation, and paid KRW 1,490,000 as personal compensation on December 11, 2013 to E, etc. at the repair cost of the vehicle.

The Plaintiff and the Defendant are parties to an agreement which have entered into a mutual agreement on the deliberation of a dispute over reimbursement of automobile insurance (hereinafter “instant agreement”).

The contents of the instant agreement relating to this case are as follows.

Article 26 (Lawsuit, etc.) (1) of the Mutual Agreement on the Deliberation of Dispute over Compensation for Automobile Insurance (in cases of a request for review, a claimant may file a lawsuit, etc. against a dispute over compensation which has become subject to the decision of the Deliberative Committee within 14 days from the date of receipt of a notice of decision of the Deliberative Committee (in cases

(2) The respondent may file a lawsuit claiming the return of unjust enrichment against the claimant after fulfilling the same obligation as the disposition of the mediation decision of the deliberative committee, etc.

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