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(영문) 서울중앙지방법원 2017.12.14 2017나33208
약정금
Text

1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

Reasons

1. Facts of recognition;

A. With respect to A vehicle (hereinafter “Plaintiff vehicle”), the Defendant is an insurer who has concluded each automobile insurance contract with respect to B vehicle (hereinafter “Defendant vehicle”).

B. On January 16, 2015, around 08:45, the Plaintiff’s vehicle was moving back from the vicinity of the Seocho-gu Busan Metropolitan City Land Corporation to the slope of the Busan Metropolitan Area square. While the Defendant’s vehicle parked on a road adjacent to the Korea Land Corporation discovered and stops the vehicle moving back to the rear door of the land construction in the vicinity of the Busan Metropolitan Area square, there was a traffic accident that conflict between the Defendant’s vehicle and the rear part of the right-hand part of the Defendant’s vehicle (hereinafter “instant accident”).

C. From January 16, 2015 to April 27, 2015, the driver of the Plaintiff’s vehicle C received an outpatient therapy from a DNA clinic, and was diagnosed by the said hospital as a salt unit and a tension. The Plaintiff paid to C insurance proceeds totaling KRW 675,450 from March 6, 2015 to May 26, 2015.

The Plaintiff filed a petition with the Defendant for deliberation by the Deliberative Committee on Disputes over Compensation for Automobile Insurance (hereinafter “Deliberative Committee”), and the Deliberative Committee rendered a decision to review the Defendant to pay KRW 675,450 to the Plaintiff with the ratio of liability of the Defendant’s vehicle as 100%, and the Defendant raised an objection thereto, but the Deliberative Committee rendered a decision to review the instant lawsuit to maintain the deliberation decision on July 11, 2016.

(hereinafter referred to as “the review of this case”). (e) The review of this case

The Plaintiff and the Defendant are parties to an agreement to which a mutual agreement on the deliberation of a dispute over reimbursement of automobile insurance (hereinafter referred to as “mutual agreement”) is entered into, and the contents of the said mutual agreement and its enforcement rules relating to this case are as follows:

Article 26 (Lawsuit, etc.) (1) of the Mutual Agreement on the Deliberation of Automobile Insurance Dispute.

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