logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2014.12.29 2014나24340
약정금
Text

1. The defendant's appeal is dismissed.

2. The costs after appeal shall include the costs incurred by participation.

Reasons

1. Facts of recognition;

A. The Plaintiff is an insurer who has concluded each automobile insurance contract with C (hereinafter “Defendant”) with respect to the Guro Korea Co., Ltd. and B (hereinafter “Plaintiff”)

B. A around December 6, 2012, at around 08:45, driving the Defendant’s vehicle and running it on an expressway in the south-gu, Dong-gu, Chungcheongnam-gu.

When intending to pass a gold farm through the lower part of the Defendant vehicle, it was found that the Plaintiff vehicle, which had been stopped due to the ice ice ice before the lower part of the gold farm, was found late to avoid this, but it did not reach this and caused an accident that shocks the lower part of the Plaintiff vehicle to the front part of the Defendant vehicle (hereinafter “instant accident”).

C. After paying the insurance money as the repair cost of the Plaintiff’s vehicle, the Plaintiff filed a petition for dispute deliberation with the committee for deliberation on the dispute over reimbursement of automobile insurance (hereinafter “former deliberation”). On May 29, 2013, the former deliberation rendered a decision to adjust the content that the Defendant would pay KRW 1,01,035 to the Plaintiff by setting the ratio of liability between the Plaintiff and the Defendant as 50%, respectively.

Plaintiff

In order to facilitate the sound management and development of mutual-aid projects by resolving disputes arising between the insurer or mutual-aid business operator in a reasonable and economic manner, with respect to the existence and scope of liability arising from the competition of liability for automobile insurance or automobile mutual-aid as stipulated in the Guarantee of Automobile Accident Compensation Act, etc. by 13 automobile insurers including the Defendant, the relevant provisions of the mutual-aid agreement (hereinafter “instant agreement”) are as follows:

Article 3 (Scope of Application) All agreements companies, participating entities, and agreed organizations shall be subject to the provisions of this Agreement and the Code of Implementation, and shall be bound to comply therewith.

Article 10 (Establishment of Gu Deliberation) (1) In order to mediate and resolve disputes concerning the right of indemnity between contracting companies, a Gu Deliberation Committee shall be established.

arrow