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(영문) 서울중앙지방법원 2019.10.29 2018나84050
구상금
Text

1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the subsequent order of payment shall be revoked.

Reasons

1. Cases of indemnity between the insurers of vehicles involved in a traffic accident;

A. On December 11, 2017, 2017, the Plaintiff’s insured vehicle (hereinafter “Plaintiff’s vehicle”) Defendant insured vehicle (hereinafter “Defendant’s vehicle”) (hereinafter “Defendant’s vehicle”)’s insured vehicle (hereinafter “Defendant”)’s insured vehicle (hereinafter “Defendant’s vehicle”) was driving one-lane between the Plaintiff’s two-lanes. However, the Defendant’s vehicle prior to the two-lanes turned on on on-and-off lights, while driving on the road, and the Plaintiff’s vehicle was pushed off along with the Plaintiff’s vehicle, and the vehicle was pushed down by collision with the Plaintiff’s vehicle.

Details of the payment of insurance proceeds (excluding self-payment) of KRW 4,886,520 by December 29, 2018

B. As above, a final and conclusive Plaintiff paid the insurance money to the Defendant, and filed a request for deliberation by the committee for deliberation on the disputes over indemnity against automobile insurance. On June 4, 2018, the committee rendered a deliberation and resolution on the amount of deliberation and resolution to be paid by the Defendant to the Plaintiff, 10% of the Plaintiff’s vehicle, 90% of the Defendant’s vehicle, and 4,397,868 won, and its closing date as of June 28, 2018.

On September 10, 2018, the plaintiff filed the lawsuit of this case on September 10, 2018, and the decision of deliberation and resolution became final and conclusive.

2. The instant accident concerning the cause of the claim occurred as a whole by the driver of the Defendant’s vehicle due to an accident, which inevitably occurred due to the wind that the Defendant’s vehicle turns off in the snow way when the Plaintiff’s vehicle proceeds adjacent to the Defendant’s vehicle.

Therefore, the defendant is obligated to claim the insurance money paid by the plaintiff to the plaintiff and damages for delay.

3. When a decision of deliberation and resolution by the deliberation committee on indemnity amount becomes final and conclusive, an agreement between the parties with the same content as the order of mediation is established. This agreement constitutes a settlement agreement under the Civil Act.

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