Text
1. Revocation of the first instance judgment.
2. The plaintiff's claim is dismissed.
3. All costs of the lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff is a company that deals with the assessment of damages and insurance proceeds requested by interested parties.
The defendant is a person who has delegated the damage adjusting business to the plaintiff.
B. On April 12, 2015, the Defendant suffered from an accident resulting in an injury while getting out of the stairs during the process of having been gradified on April 12, 2015.
(hereinafter “instant accident”). C.
On October 13, 2015, the Defendant entrusted the Plaintiff with the business of assessing the amount of damages and insurance proceeds related to the instant accident, and the main contents of the delegation contract (hereinafter “instant contract”) are as follows.
Article 1 (Delegation of Duties) The defendant shall delegate the following matters to the plaintiff:
1. Confirmation of the occurrence of damage, and investigation of causes;
2. Determination on the appropriateness of the application of insurance clauses and relevant regulations
3. Assessment of damages and insurance proceeds;
4. Vicarious preparation and submission of business-related documents and statement of opinions on insurance companies;
5. Other matters necessary for damage adjustment (1) The plaintiff shall investigate and manage the affairs entrusted by the defendant in a prompt and fair manner.
(2) The plaintiff shall prepare and submit a damage evaluation statement to the relevant insurer as soon as he/she completes the investigation and damage evaluation.
Article 4 (Remuneration) (1) The defendant shall pay 11% of the amount of damage adjusting to the plaintiff as remuneration for damage adjusting.
(2) Medical expenses and expenses incurred in issuing medical certificates in relation to damage adjusting services shall be borne separately by a defendant.
③ The remuneration agreed upon by the Defendant and the Plaintiff shall be paid to the Plaintiff at the time of submission of a damage evaluation statement. However, in the event that the Defendant’s special circumstances exist, the remuneration may be postponed by the time when the Defendant
④ Even where the Defendant voluntarily rescinded the instant contract and the instant contract was interrupted due to reasons attributable to the Defendant, the Defendant shall set forth in the preceding paragraph.