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(영문) 울산지방법원 2020.05.14 2019나11258
구상금
Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

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

B. On November 10, 2017, at around 08:30, the Plaintiff’s front line of the Fmaart E located in Ulsanbuk-gu, Ulsan-gu, the front line of which is located in the direction of the racing at the three-lane of the four-lane distance, and the Defendant’s vehicle changed rapidly from the same direction to the three-lane line, and the front line of the Plaintiff’s left side of the front line of the Defendant’s vehicle was shocked by the front line on the right side of the front line of the Defendant’s vehicle.

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

The Plaintiff filed a petition against the Defendant for deliberation with the G Deliberation Committee (hereinafter “Deliberation Committee”). On April 2, 2018, the Deliberation Committee rendered a decision to mediate a lawsuit to recognize the ratio of the Plaintiff’s vehicle’s fault to 15% in relation to the instant accident and the ratio of the Defendant’s vehicle to 85% in relation to the instant accident.

Accordingly, on June 4, 2018, the Review Committee filed a petition for review and rendered a decision to adjust the review amount to KRW 3,520,700 (hereinafter “instant decision”) by recognizing the ratio of the Plaintiff’s vehicle’s fault in the instant accident to 15%, and the ratio of the Defendant’s vehicle’s fault to 85%, as in the instant decision to adjust the review amount to be determined (hereinafter “instant decision”).

The above decision was considered to have been delivered on June 14, 2018 after 10 days from the date of deliberation in accordance with Article 26(4) of the General Agreement on the Deliberation of Claims for Compensation of Automobile Insurance (hereinafter “instant Agreement”).

On July 27, 2018, the Plaintiff paid KRW 139,950 equivalent to 15% of the repair cost of the Defendant’s vehicle to the Defendant. On July 31, 2018, the Defendant paid KRW 3,520,700, out of the repair cost of the Plaintiff’s vehicle to the Plaintiff on July 31, 2018.

E. On October 25, 2018, the Plaintiff paid the Plaintiff’s automobile repair expense payable to the Defendant in this court, and the Plaintiff.

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