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(영문) 서울중앙지방법원 2019.07.08 2018가단5220362
구상금
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is an insurer who has concluded a comprehensive automobile insurance contract with respect to C Vehicle (hereinafter “Plaintiff vehicle”). The Defendant is an insurer who has concluded a comprehensive automobile insurance contract with respect to D Vehicle (hereinafter “Defendant Vehicle”).

B. On February 18, 2018, the Plaintiff’s vehicle conflict with the Defendant’s vehicle that had the left-hand turn at the right-hand turn on the opposite lane while driving three-lanes in the intersection near the effic National Bank of Korea at the preceding week.

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

The instant accident caused damage to the Plaintiff’s vehicle due to the destruction of the front front part of the Plaintiff’s vehicle, and the Plaintiff paid KRW 31,550,000 insurance money to the Plaintiff to the Plaintiff on March 2018.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 6, purport of the whole pleadings

2. Determination as to the defendant's defense prior to the merits

A. The gist of the Defendant’s defense prior to the merits is that the instant accident occurred from the total negligence of the Defendant’s vehicle. The Defendant, while the Plaintiff filed a lawsuit seeking payment of KRW 31,550,000,00 for the Plaintiff’s automobile insurance money to the Plaintiff’s automobile insured, the instant lawsuit is unlawful as it was filed in violation of the duty of assignment stipulated in the mutual agreement on the deliberation of indemnity payment disputes concluded between

B. In light of the purport of the entire argument in the statement No. 1 of the judgment, insurance companies including the original Defendant, etc. concluded a mutual agreement on the deliberation of automobile insurance disputes in order to resolve disputes arising between the insurer and the existence of liability and the scope of liability on the ground that the liability of automobile insurance as stipulated in the Guarantee of Automobile Accident Compensation Act, etc. was concurrent with each other. Article 18 of the above agreement provides, “All agreement companies shall first provide for the claims for compensation disputes.”

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