logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2018.11.01 2018가단5077933
청구이의
Text

1. The Defendant’s decision on performance recommendation is based on the Seoul Central District Court’s 2017 Ghana6821635 dated September 5, 2017.

Reasons

1. Basic facts

A. The Plaintiff and the Defendant are both the Plaintiff and the Defendant running the insurance business, and the Plaintiff concluded a comprehensive automobile insurance contract with respect to the Plaintiff’s automobile A (hereinafter “Plaintiff’s automobile”), respectively, as to the Defendant’s automobile B (hereinafter “Defendant’s automobile”).

B. The occurrence of the instant accident and the payment of the Plaintiff’s insurance proceeds (1) around 22:55 on March 11, 2015, the Plaintiff’s vehicle was waiting to enter the front road of the C’D’ located in Busan Metropolitan City, in order to make a right-hand turn to the front road and enter the road as soon as the front road is, while entering the Plaintiff’s vehicle, the left part of the Defendant’s vehicle waiting to enter the right-hand side of the Plaintiff’s vehicle.

(2) The Plaintiff, as an insurer of the Plaintiff’s vehicle, paid KRW 1770,00 to the Plaintiff’s owner of the instant vehicle, etc. the insurance money.

C. The mediation decision of the committee for deliberation on disputes over automobile insurance and the defendant's reimbursement (1) The plaintiff and the defendant all join the "mutual agreement on deliberation on disputes over automobile insurance indemnity" comprised of non-life insurance companies, etc. (hereinafter referred to as the "instant agreement"), and the part relating to the instant case is as follows.

Article 18 (Obligation to Comply with Request for Review) All Agreements Companies shall not first file a suit with a court or file a claim for compulsory dispute settlement, including a claim for arbitration, (hereinafter referred to as “claim, etc.”) concerning a claim for recourse dispute, unless the dispute settlement procedures set forth in this Agreement are terminated.

Article 19 (Special Cases concerning Exclusion from Obligation to Transfer to Request for Deliberation) (1) The obligation to transfer under Article 18 shall be excluded in any of the following cases:

1. Where the insured or claimant for damage related to a case subject to a request for deliberation requests the agreement company to exclude such case from those subject to a request for deliberation;

2. The application of the obligation of a disputing party to a request for deliberation in respect of the amount of indemnity or indemnity.

arrow