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(영문) 서울중앙지방법원 2015.11.12 2014나36541
약정금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. The Plaintiff is an insurer who has entered into an automobile comprehensive insurance contract with respect to A rocketing car (hereinafter “Plaintiff”), and the Defendant is a mutual aid business entity who has entered into a mutual aid agreement with respect to B bus (hereinafter “Defendant vehicle”).

나. C는 2012. 7. 21. 06:00경 피고 차량을 운전하여 의정부시 장암동 서울외곽순환고속도로 의정부나들목 인근 지점의 편도 4차로 중 2차로를 진행하던 중 1차로에서 2차로로 차로를 변경하는 D 그랜저 승용차(이하 ‘제3차량’이라고 한다)를 들이받아, 그 충격으로 튕겨나간 제3차량이 3차로를 진행하던 원고 차량과 다시 충돌하였다

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

The Plaintiff paid KRW 1,400,000 insurance money to the Plaintiff’s vehicle, and then filed a claim for deliberation on the claim for reimbursement against the Defendant with the committee for deliberation on the dispute over reimbursement of automobile insurance (hereinafter “Deliberation Committee”) by 2012-15805. On November 26, 2012, the Deliberation Committee decided the amount of the Plaintiff’s right to reimbursement against the Defendant on the ground that there was no negligence on the Plaintiff’s vehicle driver, and that the joint tort committed between the Defendant’s vehicle driver and the third vehicle driver was constituted (hereinafter “instant adjustment decision”).

Article 1(Purpose)The purpose of this Agreement is to resolve, reasonably and economically, disputes arising between insurers or mutual-aid operators on the existence and scope of liability for motor vehicle insurance or motor vehicle mutual-aid as provided for in the Guarantee of Automobile Accident Compensation Act, etc.

Article 10 (Establishment of Deliberation Committee) (1) The Deliberation Committee shall be established to mediate and resolve disputes concerning the right of indemnity between agreement companies.

(2) The Deliberative Committee is a deliberative body which mediates and resolves disputes of recourse between agreed companies under this Agreement.

Article 20 (Object of Request for Deliberation) The appellant shall be entitled to insurance money from the appellee.

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