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(영문) 서울중앙지방법원 2016.10.28 2016나10376
약정금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Basic facts

A. The Plaintiff is an insurer who has concluded an automobile insurance contract with respect to A-wheeled Vehicle (hereinafter “Plaintiff”), and the Defendant is the insurer who has concluded the automobile insurance contract with respect to B (hereinafter “Defendant”).

B. On October 31, 2012, the Plaintiff’s vehicle was changed from the two lanes to the first lane in front of the War Memorial Center by Yongsan-gu, Yongsan-gu, Seoul, on October 17:17, 2012, and the Defendant’s vehicle driving after the first lane has shocked the part on the left side of the Plaintiff’s vehicle (hereinafter “the first accident”). During that process, the Plaintiff’s vehicle was pushed up with the C vehicle (hereinafter “victim”) that was parked on the second lane while being pushed up in the future (hereinafter “the second accident”), and as a result, D was the passenger of the damaged vehicle.

C. By November 15, 2012, the Plaintiff paid KRW 1,876,650 as insurance proceeds with respect to the instant secondary accident, with D’s medical expenses, etc.

On October 2013, the Plaintiff filed a request with the Defendant for deliberation on the payment of KRW 1,876,650 of the said insurance amount paid by the Plaintiff in relation to the instant secondary accident to the Defendant. On June 16, 2014, the Deliberation Committee decided that the negligence between the Plaintiff and the Defendant’s vehicle was KRW 50:50, and that the Defendant was liable to pay the amount to the Plaintiff as KRW 938,325 on August 11, 2014, and the amount of the said negligence ratio and the amount of the determination was maintained as is.

Since both the Plaintiff and the Defendant did not raise an objection against the above decision, the said decision became final and conclusive at that time.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence No. 2, the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff, a summary of the parties' assertion, is a mutual agreement on the deliberation of the dispute over reimbursement of automobile insurance.

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