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(영문) 서울중앙지방법원 2017.05.17 2016가단5195271
구상금
Text

1. The Defendant’s KRW 20,853,00 for the Plaintiff and KRW 5% per annum from January 25, 2016 to May 17, 2017.

Reasons

1. Facts of recognition;

A. The Plaintiff is an insurer who has concluded an automobile insurance contract with respect to the B B B B-in Vehicles owned by A (hereinafter “Plaintiff”), and the Defendant is the insurer who has concluded the automobile insurance contract with respect to the C-Insus Truck Vehicles (hereinafter “Defendant Vehicles”).

나. 피고 차량은 2016. 1. 4. 18:00경 울산 북구 진장동에 있는 진장사거리를 중구청 쪽에서 북구청 쪽으로 진행함에 있어 적색신호에 직진하다가 때마침 피고 차량 우측에서 우회전하는 원고 차량과 충돌하였고, 그 충격으로 원고 차량이 좌측으로 튕기면서 반대 차로에 신호대기 중이던 4대의 승용차를 각각 충돌하는 사고가 발생하였다

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

On January 25, 2016, the Plaintiff paid KRW 23,370,000 as insurance money to A for the damage incurred by the Plaintiff’s vehicle’s destruction.

(The plaintiff's vehicle seems to have been scrapped without being repaired). [The ground for recognition] The fact that there is no dispute, Gap's entries and videos (including the number of pages) in Gap's evidence Nos. 1, 2, 7, 8, Eul's evidence No. 1, and the purport of the whole pleadings.

2. Determination on this safety defense

A. The defendant did not file a lawsuit within 14 days from the date the decision of the committee for deliberation on the dispute over the rate of fault on the plaintiff's and defendant's vehicle in the accident of this case was made. Thus, it is deemed that the agreement between the plaintiff and the defendant was concluded that the dispute concerning the accident of this case should be terminated according to the above decision. Thus, the lawsuit of this case is unlawful.

B. According to the evidence No. 4-1, No. 4-2, No. 1, No. 2, and No. 1 and No. 2, Article 25 through No. 28 of the Mutual Agreement on the Deliberation of Dispute over Claim for Compensation of Automobile Insurance does not request a review or institute a lawsuit by the party who was notified of the decision of the Deliberation Committee on Claim for Compensation of Automobile Insurance.

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