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(영문) 수원지방법원 2015.07.09 2014나22700
수리비 차액분
Text

1. The part against the plaintiff falling under the following order of payment among the judgment of the court of first instance shall be revoked:

The defendant.

Reasons

1. Basic facts

A. The plaintiff is a company established for the purpose of automobile maintenance business, etc., and the defendant is a company established for automobile insurance business.

B. On February 20, 2013, the Plaintiff entered into an insurance improvement fee agreement with the Defendant’s policyholder, the insured, or the victim, etc., who entrusted the management of the insurance accident to the said company with respect to the repair of the insurance accident by the Defendant’s policyholder, the insured, or the victim, etc., who caused the occurrence of the insurance accident, setting the criteria for the application of the insurance improvement fee to be paid by the Defendant (hereinafter “instant premium agreement”), and the part related to the instant

Article 4 [Standards for Application of Maintenance Fees] Gap and Eul (Trisung Fire Damage Adjustment Services Co., Ltd.) agree to apply repair works necessary for the implementation of Article 1 (Purpose of Contract) (hereinafter referred to as "maintenance fees") as follows:

1. The maintenance charge applicable to the calculation of repair cost shall be 24,660 won in the market, 24,660 won in the market, and 24,660 won in the market, and 24,660 won in the painting;

2. The working hours shall be subject to the Standard Work Hours table and painting table published by the Ministry of Land, Transport and Maritime Affairs pursuant to Article 16 of the Guarantee of Automobile Accident Compensation Act.

Provided, That where there are items of maintenance not specified above, it shall apply after mutual consultation.

3.2The materials cost of painting shall be applied, referring to the domestic acid rent used at the time of delivery by an automobile manufacturer.

Article 6 [Claims for Repair Expenses and Payment and Deduction]

3. A shall claim repair costs through the Insurance Development Institute AOS within seven days, except in extenuating circumstances, in cases where the repair of a motor vehicle under his/her management is completed.

Article 9 [Termination of Contracts]

2. A and B shall give a peremptory notice to make any correction within a reasonable period specified in the following cases, and may terminate this contract in writing without delay, if the correction is not made despite the peremptory notice:

(1) Where A or B commits an act contrary to this contract.

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