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(영문) 서울중앙지방법원 2018.11.08 2018가단5142912
청구이의
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. On March 4, 2017, around 11:10, the lower court rendered a decision in lieu of conciliation as follows (hereinafter “instant decision”) on August 14, 2017, in regard to the insured vehicle of the Defendant, which was located in the 2nd apartment store parking lot in Sungsung-si, Busan-si, Busan-si, and the Plaintiff’s insured vehicle in front of the said commercial building, and in relation to the accident caused by which the insured vehicle of the Plaintiff, which was located in front of the said commercial building, was brought against the Plaintiff. The instant decision became final and conclusive on September 13, 2017.

1. The defendant (the plaintiff in this case) shall pay 212,440 won to the plaintiff (the plaintiff in this case) until September 18, 2017. If the defendant fails to pay the above amount by the above payment date, the damages for delay calculated by adding the rate of 15% per annum from the day following the payment date to the day of complete payment.

2. The plaintiff (the defendant in this case) waives the remainder of the claim.

[Ground for Recognition: Facts without dispute, purport of whole pleadings]

2. The plaintiff's assertion and judgment

A. The instant traffic accident alleged by the Plaintiff was not by 100% of the Plaintiff’s vehicle, but by 80% or more of the Defendant vehicle, and was erroneous in recognizing the negligence ratio.

Therefore, compulsory execution based on the decision of this case should not be permitted.

B. The decision in lieu of the conciliation of a judgment has the same effect as a judicial compromise in case where an objection is confirmed as there is no objection within two weeks from the date on which the authentic copy of the protocol was served on the party concerned (Articles 30 and 34 of the Judicial Conciliation of Civil Disputes Act). Thus, only the grounds that occurred after the final date may be the grounds for objection, and the circumstances that existed before that date may not be asserted as the grounds for objection even if the debtor did not raise any objection in the conciliation procedure or did not raise any objection in lieu

In this case, the plaintiff asserts the negligence ratio of the traffic accident in this case.

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