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(영문) 서울남부지방법원 2018.04.12 2017나64079
약정금
Text

1. Revocation of a judgment of the first instance;

2. The Defendant shall pay to the Plaintiff KRW 541,520 as well as the full payment with respect thereto from March 11, 2016.

Reasons

1. Basic facts

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

B. On June 13, 2015, at around 16:27, C driven the Defendant’s vehicle, and then rapidly changed the vehicle to a three-lane, while driving a four-lane on the lower side of the lower side of the intersection at the intersection of the intersection of the intersection of the Highway, and the part of the lower part of the front side of the Plaintiff’s vehicle, which was straighten in the third lane, was shocked by the front side of the Defendant’s driving seat.

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

On July 22, 2015, the Plaintiff, as the insurer of the Plaintiff’s vehicle, paid KRW 573,600 (excluding KRW 200,000 of the self-paid premium) for the repair cost due to the instant accident. D.

The Plaintiff filed a request with the Defendant for deliberation by the committee for deliberation on the dispute over reimbursement of automobile insurance (hereinafter referred to as the “Deliberation Committee”) in accordance with the mutual agreement on deliberation of the dispute over reimbursement of automobile insurance.

In the instant case, each representative of the Plaintiff and the Defendant agreed on the claim for small-sum reimbursement, but did not reach an agreement, and the small-scale committee decided to deliberate and decide on February 15, 2016, “30% of the Plaintiff’s liability ratio, 70% of the Defendant’s liability ratio, and 541,520 won” (hereinafter “instant decision”).

E. Upon receipt of the notice of the instant decision, the Plaintiff and the Defendant did not request or institute a retrial within 14 days thereafter, and the said decision became final and conclusive on March 10, 2016.

F. Meanwhile, a mutual agreement on the deliberation of disputes over reimbursement of automobile insurance, which serves as the basis for the establishment of a deliberation committee (the agreement between the plaintiff and the defendant is a party to the agreement; hereinafter “instant agreement”) and its implementation rules, are as follows.

Article 26 (Institution of Lawsuit, etc.) (1) of the Agreement, the claimant has made a request for review of the decision of the Deliberative Committee.

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