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(영문) 수원지방법원 2020.04.23 2019나79060
구상금
Text

1. Of the judgment of the first instance, the part against the defendant in excess of the amount ordered under the following sub-paragraph (2) shall be revoked.

Reasons

1. Basic facts

A. The Plaintiff is an insurer who entered into an automobile insurance contract with respect to C Vehicle (hereinafter “Plaintiff”), and the Defendant is the insurer of D Vehicle (hereinafter “Defendant”).

B. At around 11:30 on November 24, 2017, the Plaintiff’s vehicle shocked the front part of the Defendant’s vehicle’s left side, which was coming from the opposite part of the Plaintiff’s vehicle’s vehicle, on the road located in E, with the lower part on the left side of the Plaintiff’s vehicle and the penter part.

(hereinafter “instant accident”). C.

With respect to the instant accident, on December 28, 2017, the Plaintiff filed a request for deliberation with the FSC to the Defendant regarding the claim for compensation disputes with the Defendant, based on the payment of KRW 1,871,59 at the repair cost of the Plaintiff’s vehicle, and the Defendant filed a request for deliberation with the FSC on the instant accident (90% of the Plaintiff’s vehicle negligence, and 10% of the negligence of the Defendant vehicle).

The closing date of the instant decision was August 30, 2018, 14 days after the date when both the Plaintiff and the Defendant were deemed to have received the notice of decision, and the Defendant did not request a retrial under the instant mutual agreement, file a lawsuit, etc.

E. The relevant provisions of the instant mutual agreement signed by the won and the Defendant are as follows:

Article 18 (Obligation to Comply with Request for Review) All Agreements Companies shall not first file a suit with a court or file a claim for compulsory dispute settlement, including a claim for arbitration, (hereinafter referred to as “claim, etc.”) concerning a claim for recourse dispute, unless the dispute settlement procedures set forth in this Agreement are terminated.

Article 25 (Lawsuit, etc.) (1) If a claimant is dissatisfied with a decision of the Deliberative Committee on mediation, he/she may file a lawsuit, etc. against a claim dispute that becomes the object of the decision of the Deliberative Committee within 14 days from the date he

Article 26 (Determination of Decision of the Deliberative Committee) (1) If a petitioner or respondent fails to make a request for review prescribed in Article 24 or file a lawsuit, etc. prescribed in Article 25 within 14 days from the date on which he/she is served with a written decision of

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