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(영문) 서울중앙지방법원 2018.08.28 2018나20735
보증금반환
Text

1. The judgment of the court of first instance is modified as follows.

The defendant shall pay to the plaintiff KRW 374,960 on February 14, 2018.

Reasons

1. Facts of recognition;

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

B. On June 24, 2017, at around 08:31, the Defendant’s vehicle is rapidly changing its course in the new interest distance near Jung-gu Incheon Central Land Information Corporation Incheon, Jung-gu, Incheon, and from the three-lane road near the Incheon Central Land Information Corporation, the course of the Defendant’s vehicle is rapidly changed in one lane to make the Uiton beyond the central line of yellow solid lines from the three-lane road near the new interesting elementary school.

Along with a single-lane of the above road, the backer of the Plaintiff’s vehicle was shocked by the left-hander of the Defendant’s vehicle.

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

On November 13, 2017, the Defendant decided that the negligence ratio of the Plaintiff’s driver of the vehicle and the Defendant’s driver of the vehicle was 10%:90%, respectively, according to the claim for deliberation of the dispute over indemnity amount, which was held by the Defendant against the Plaintiff, and the said decision became final and conclusive thereafter.

(hereinafter “instant decision”) D.

Plaintiff

On December 14, 2017, the Plaintiff, the insurer of the vehicle, paid KRW 374,960 of the insurance money as the repair cost of the Defendant vehicle in accordance with the instant decision.

E. On December 15, 2017, the Plaintiff sent a written consent to the instant accident to the Defendant to the effect that “I wish to proceed with the litigation and present my opinion. The reasons for the request for consent: civil petition: the Defendant sent to the Plaintiff a reply stating that “I consent to the request for consent to the lawsuit.”

F. Article 28(1) of the Mutual Agreement on the Deliberation of Settlement of Claim for Automobile Insurance has become final and conclusive, it shall be deemed that the agreement has the same effect as the agreement has been reached between the claimant and the respondent, and in this case, the respondent shall bear the same obligation as the order of the final and conclusive conciliation decision to the claimant, and shall without delay.

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