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(영문) 서울중앙지방법원 2016.11.09 2016나31120
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. Facts of recognition;

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

B. At around 16:00 on February 9, 2015, the driver of the Defendant vehicle driving the Defendant vehicle, driving the Defendant vehicle on the two-lane road in the front of Gangnam-si, Gangwon-do, and driving it on the two-lane road in the two-lane distance.

In the course of entering the intersection, the left-handton is straighted by one lane in the same direction on the two-lane road of the above Part.

The front part of the Plaintiff’s vehicle entering the intersection was shocked with the front part of the left side of the Defendant’s vehicle and the front part.

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

On March 25, 2015, the Plaintiff paid KRW 19,160,000 insurance money to the driver of the Plaintiff’s vehicle.

Then, the Plaintiff filed a claim for deliberation against the Defendant for the payment of KRW 19,160,000 of the insurance money paid by the Plaintiff to the Deliberation Committee on the Settlement of Automobile Insurance Claim (hereinafter “Deliberation Committee”). On July 13, 2015, the Deliberation Committee decided that the ratio of the Plaintiff’s vehicle liability to the instant accident is 10%, and that the Defendant would pay KRW 17,24,000 (=19,160,000 x 90%) to the Plaintiff.

On September 14, 2015, the respondent filed a request for review, but the Review Committee made a decision on review that maintains the contents of the above decision of lawsuit (hereinafter “instant deliberation and resolution”). The decision of this case became final and conclusive on October 8, 2015, because the Plaintiff and the Defendant did not file a lawsuit within 14 days from the date of receipt of the written notification.

E. Afterward, the Defendant paid KRW 9,873,00 as the amount of indemnity to the Plaintiff on October 13, 2015.

F. On the other hand, the plaintiff and the defendant are about the deliberation of automobile insurance disputes.

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