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(영문) 서울중앙지방법원 2015.06.16 2014나53867
약정금
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. The Plaintiff and the Defendant, and the non-life-insurance association, both insurance companies and the incorporated association, concluded a mutual agreement on the deliberation of disputes over the reimbursement of automobile insurance (hereinafter “instant agreement”). The main contents of the instant agreement are as follows.

Article 18 (Liability for Review) All Agreements Companies shall not first file a suit with a court or file a claim for compulsory dispute settlement, such as a claim for arbitration, unless the dispute settlement procedures set forth in this Agreement have been terminated with respect to a claim for reimbursement dispute.

Article 26 (Lawsuit, etc.) (1) A claimant may file a lawsuit, etc. with respect to a dispute of indemnity which is subject to the decision of the Deliberative Committee within 14 days from the date of receipt of a notice of decision of the Deliberative Committee.

Article 27 (Determination of Decision of the Deliberative Committee) (1) A decision of the Deliberative Committee shall become final and conclusive if a requester or respondent fails to make a request for review prescribed in Article 25 or to bring a lawsuit prescribed in Article 26 within 14 days from the date on which he/she is

(2) If a decision made by the Deliberative Committee is not finalized under the above paragraph (1), a request for deliberation shall be concluded.

B. The Plaintiff is the insurer of the vehicle A (hereinafter the Plaintiff’s vehicle), and the Defendant is the insurer of the vehicle B (hereinafter the Defendant’s vehicle).

Plaintiff

Although there was a traffic accident on July 31, 2013 between the vehicle and the defendant's vehicle (hereinafter referred to as the "accident in this case"), it was an intentional accident aimed at acquiring insurance money.

C. The Plaintiff was obligated to pay KRW 20,490,00 (20,490,000) to the Plaintiff on October 21, 2013 on the premise that the Plaintiff’s negligence on the Plaintiff’s vehicle was 30% and the Defendant’s negligence was 70% (20,490,000 won x 70%) on the premise that the Plaintiff intended to claim reimbursement against the Defendant, while seeking reimbursement against the Defendant, the Plaintiff did so.

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