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(영문) 서울중앙지방법원 2018.09.18 2018나4757
구상금
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 December 29, 2016, around 15:00 on December 29, 2016, the Plaintiff’s vehicle went behind the Defendant’s vehicle that was parked on the road near the hospital located in Daejeon Seo-gu Daejeon. At that time, the Defendant’s vehicle was shaking.

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

From February 22, 2017 to February 24, 2017, the driver of the Defendant’s vehicle repaired the Defendant’s vehicle, and the Defendant paid KRW 1,200,000 as the repair cost of the Defendant’s vehicle around that time.

The Defendant filed a claim against the Plaintiff for the deliberation of the instant damage claim against the Defendant on the ground that the instant accident caused the damage of the Defendant’s vehicle by shocking the Defendant’s vehicle immediately adjacent to the Defendant’s vehicle, and that the repair cost of the Defendant’s vehicle was KRW 1,200,000. On June 5, 2017, the Automobile Insurance Policy Deliberation Committee recognized that the Plaintiff’s vehicle shocked the Defendant vehicle, and determined the rate of negligence between the Plaintiff’s vehicle and the Defendant’s vehicle driver at KRW 90%:10,00. On July 24, 2017, the re-deliberation claim was made in the same manner as the foregoing decision was rendered on July 24, 2017 (hereinafter “instant decision”).

On August 23, 2017, according to the instant decision, the Plaintiff paid the Defendant the indemnity amount of KRW 1,080,000 (= KRW 1,200,000 x 90%) which is 90% of the above repair cost of the Defendant’s vehicle.

E. On the other hand, on August 17, 2017, prior to the payment of the above amount of reimbursement, the Plaintiff sent to the Defendant a written consent of the lawsuit, stating that “I wish to proceed with the instant decision. Reasons for litigation: Negligence.” On the other hand, the Plaintiff sent to the Plaintiff a reply stating that “I consent to the request for consent to the lawsuit.”

(f) automobile insurance;

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