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(영문) 서울중앙지방법원 2016.06.14 2015가단5276418
약정금
Text

1. The Defendant: (a) KRW 20,000,000, and 5% per annum from July 16, 2015 to June 14, 2016, respectively, to the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff (former Trade Name was ELA Insurance Co., Ltd.; on June 24, 2015, hereinafter “Plaintiff”) is an insurer who entered into a comprehensive automobile insurance contract with respect to A vehicles (hereinafter “Plaintiff vehicles”); and the Defendant is an insurer who entered into a comprehensive automobile insurance contract with respect to B vehicles (hereinafter “Defendant vehicles”).

B. At around 17:10 on January 24, 2013, the Defendant’s vehicle discovered and operated the E and F vehicle parked on a two-lane due to occupational negligence while driving the rayed road from the south of the same 70km at a speed of 1:0 square meters to the south of the same Gun from the south of the same Yari-ri region of the Republic of Korea, which was located in the 38th national highway located in the Gangseo-gun-gun, in the middle of the same Eup/Myeon, while neglecting to take measures for speed reduction at the speed of the e and the e vehicle parked on a two-lane (hereinafter “the vehicle parked in the front line”), but the occurrence of an accident involving the preceding vehicle while remaining as it turns out (hereinafter “the first accident in this case”) and stopped on a one-lane road.

C. After about five seconds of the instant accident, the Plaintiff’s vehicle caused an accident involving the Defendant’s vehicle (hereinafter “the instant secondary accident”) by discovering a pre-accident vehicle that was stopped on the two-lanes due to occupational negligence while neglecting to take measures to reduce speed and speed while driving at the speed of 60km in the instant location, which led to the occurrence of an accident involving the Defendant’s vehicle (hereinafter “the instant secondary accident”).

The Plaintiff paid KRW 140,100,000 on the side of the Plaintiff’s vehicle damaged by the instant secondary accident, and filed a petition for deliberation with the Defendant at the Deliberation Committee on the Disputes over the Reimbursement of Automobile (hereinafter “Deliberation Committee”). On June 22, 2015, the Deliberation Committee set the respective fault ratio between the Plaintiff’s vehicle and the Defendant’s vehicle as KRW 80 and 20%.

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