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(영문) 수원지방법원 2020.04.08 2019나90227
손해배상(기)
Text

1. The part of the judgment of the first instance against the Defendants shall be revoked.

2. The plaintiff falling under the above part of the revocation.

Reasons

1. Basic facts

A. The Plaintiff entered into an automobile insurance contract with Defendant B Co., Ltd. (hereinafter “Defendant B”), with respect to Dexton vehicles owned by the Plaintiff (hereinafter “Plaintiff”), and Defendant C is the compensation staff of Defendant B’s subsidiaries.

B. On June 17, 2017, around 14:45, the Plaintiff was driving along the four-lanes of the drive line of the non-party E (hereinafter “the other party”) who changed the course from three-lanes to four-lanes of the Plaintiff’s vehicle and the non-party E’s driver’s vehicle (hereinafter “the other party’s vehicle”) were involved in the accident (hereinafter “the instant accident”).

C. In relation to the instant accident, Defendant C was designated as a person in charge of the Plaintiff’s compensation, and around August 2017, the Plaintiff was notified by the committee for deliberation on the dispute over reimbursement of automobile insurance that the percentage of the Plaintiff’s vehicle and the other party’s vehicle was 50:50.

With respect to the instant accident, the Plaintiff filed a lawsuit against the insurance company of the other party as the Suwon District Court Decision 2019 Ghana206738, April 22, 2019, and 2019

8. 22. A judgment was rendered by the above court with the purport that the negligence ratio of the Plaintiff’s vehicle and the other party’s vehicle is 30:70.

E. Meanwhile, while proceeding the above lawsuit, the Plaintiff paid 2.3 million won as attorney fees.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 3, Eul evidence 1 to 3, and the purport of whole pleadings

2. Determination as to the cause of action

A. On August 2017, Defendant C provided the Plaintiff with a notice of decision of the committee for deliberation of dispute over reimbursement of automobile insurance on the part of Defendant C’s non-performance of obligation. Around August 2017, Defendant C provided the Plaintiff with a notice of decision of the committee for deliberation of dispute over reimbursement of automobile insurance, and the Plaintiff’s consent thereto and the contract related thereto (hereinafter “instant contract”) was concluded. Defendant C did not proceed with civil litigation under the said contract until April 2019.

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