logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2018.07.12 2017나81542
부당이득금
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. Basic facts

A. With respect to A vehicle (hereinafter “Plaintiff vehicle”), the Defendant is an insurer who entered into a comprehensive automobile insurance contract with respect to B vehicle (hereinafter “Defendant vehicle”).

B. On March 6, 2017, around 08:25, the Plaintiff’s vehicle was sent to left turn at the two-lanes in front of Dongcheon-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong, and there was a traffic accident that conflicts with the Defendant’s vehicle, which was immediately straight, due to the change to the left turn turn.

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

The Defendant filed a petition with the Plaintiff for deliberation on the payment of KRW 1,249,900 of the insurance money that the Defendant paid to the insured by the Defendant to the Deliberative Committee on Compensation for Automobile Insurance (hereinafter “Deliberative Committee”). On June 19, 2017, the Deliberative Committee rendered a lawsuit against the Plaintiff stating that the Defendant shall pay KRW 874,930 to the Defendant by setting the ratio of liability of the Plaintiff’s vehicle to the instant accident at 70%.

(hereinafter “instant decision”) D.

On July 31, 2017, the Plaintiff paid KRW 875,120 to the Defendant according to the instant decision.

E. Meanwhile, the Plaintiff and the Defendant are parties to the agreement that entered into a mutual agreement on the deliberation of the dispute over reimbursement of automobile insurance (hereinafter “instant agreement”), and the contents of the said mutual agreement and its implementation agreement relating to the instant case are as follows:

Article 18 of the Mutual Agreement on the Deliberation of Claims for Compensation for Automobile Insurance (Obligation to Full Charge for Deliberation) No agreement company shall first file a lawsuit with a court or file a claim for compulsory dispute resolution, such as a claim for arbitration (hereinafter referred to as "claim, etc.") with a court, unless the dispute settlement procedures set forth in this Agreement are not terminated with respect to

Article 19 (Special Cases concerning Exclusion from Obligation to Transfer to Request for Deliberation) (1) The obligation to transfer under Article 18 shall be excluded in any of the following cases:

1. The grounds for filing a lawsuit by the insured or the claimant for damage related to a case subject to a request for deliberation;

arrow