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(영문) 전주지방법원 2020.10.07 2020나1656
보험금
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. On June 30, 201, around 14:54, a traffic accident occurred between the vehicle driven by C (hereinafter “instant vehicle”) and the vehicle driven by the Plaintiff (hereinafter “instant traffic accident”).

The Plaintiff asserted that he suffered injury due to the above accident, and filed a lawsuit against the Defendant, the insurer of the instant vehicle, seeking 16,176,102 won and damages for delay.

(B) Jeonju District Court 2012Kadan2349).

On September 29, 2014, “the Defendant shall pay the Plaintiff KRW 2,00,000,00 to October 20, 2014, and if the Defendant fails to pay the said money by the said date, the damages for delay calculated at the rate of 20% per annum from the following day shall be paid in addition to the damages for delay calculated. The Plaintiff shall waive the remainder of the claims.” The settlement recommendation decision was rendered and confirmed around that time.

[Ground of recognition] Unsatisfy, the purport of the whole pleadings, and substantial facts in this court

2. The plaintiff's assertion and judgment

A. The Plaintiff asserts that there was a subsequent disability caused by the instant traffic accident, and sought payment of insurance money of KRW 850,000 and delay damages therefor from the Defendant.

B. The decision of recommending reconciliation has the same effect as a judicial compromise (Article 231 of the Civil Procedure Act). When a judicial compromise takes effect as a result, it has the same effect as a final and conclusive judgment. When a judicial compromise takes place, the rights and obligations relationship based on the previous legal relationship is extinguished, and at the same time a new legal relationship is formed in a prior suit between the same parties with respect to the existence of the rights or legal relations which are disputed in a lawsuit, and when there is a decision of recommending reconciliation which is confirmed in the prior suit between the same parties with respect to the existence of the rights or legal relations which are disputed in the lawsuit,

Supreme Court Decision 2012Da29557 Decided April 10, 2014, etc.

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