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(영문) 인천지방법원 2020.11.06 2019나67282
약정금
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal shall be the plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is an insurance company that entered into an insurance contract with respect to Cing Transport Vehicles (hereinafter “Plaintiff”), and the Defendant is an insurance company that entered into an insurance contract with respect to Drocketing Motor Vehicles (hereinafter “Defendant Vehicles”).

B. On April 1, 2017, at around 22:50, the Defendant’s vehicle moving ahead of the landing site of the 18th U.S. in the Jung-gu Incheon Jung-gu, Jung-gu, Incheon, was an accident that conflicts with the Plaintiff’s vehicle moving back from the shooting distance protection area of Minland to the landing area of the Yando (hereinafter “instant accident”).

C. The Plaintiff: (a) deemed that E and F on board the Plaintiff’s vehicle had undergone the instant accident; (b) paid 3,980,380 won in total with insurance proceeds (such as medical expenses and agreed fees); and (c) filed a claim against the Defendant for the conciliation decision with the Korea Development Committee established pursuant to the Mutual Agreement on the Deliberation of the Rate of Loss in Motor Vehicle (hereinafter “instant Mutual Agreement”).

Around September 17, 2018, the above Deliberation Committee decided that the negligence of the Plaintiff’s vehicle, 30% of the negligence of the Defendant’s vehicle, 70% of the negligence of the Defendant’s vehicle, and 2,786,266 won (i.e., KRW 3,980,380 x 0.7) and made a mediation decision (hereinafter “instant mediation decision”). The above mediation decision became final and conclusive as it is, because the Plaintiff and the Defendant were not dissatisfied with this decision.

[Basis] Facts without dispute, Gap evidence 1 to 3, Eul evidence 1, 5, and 6 (including branch numbers, if any) and the purport of the whole pleadings

2. Determination as to the cause of action

A. The relevant legal doctrine provides that the instant mutual agreement has the same effect as the agreement has been reached between the parties in the event that the Korea Communications Standards Commission’s decision to mediate becomes final and conclusive.

(Article 27(1). In addition, the aforementioned mutual agreement concerning participants in the instant mutual agreement, persons subject to application, the composition of the deliberation committee to make the conciliation decisions, procedures for deliberation and appeal procedures, etc.

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