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(영문) 서울남부지방법원 2015.01.30 2014나54675
구상금
Text

1. The part against the plaintiff falling under the following order of payment among the judgment of the court of first instance shall be revoked:

The defendant.

Reasons

1. Facts of recognition;

A. The Plaintiff is an insurer who entered into an automobile insurance contract with Nonparty A with respect to BSF vehicles (hereinafter “Plaintiffs”). The Defendant is the insurer who entered into the automobile insurance contract with Nonparty C (hereinafter “Defendant”).

B. On April 27, 2013, around 20:40, the Plaintiff’s vehicle was driven along the front intersection of the Defendant’s vehicle, on the road of the Dodo5-line, which is located in the south of the Jindo branch of Gangseo-gu Seoul Metropolitan Government, along with a stop signal at one lane, and the Defendant’s vehicle was stopped along the stop signal at the front intersection. The Defendant’s vehicle left in the front side of the Defendant’s vehicle, which was located in the left side through the safety zone, was driven to the right side to avoid it. Accordingly, there was an accident where the part of the front wheels of the Defendant’s vehicle and the rear wheels of the Plaintiff’s vehicle, which was located in front of the right side of the Defendant’s vehicle, conflict (hereinafter “instant accident”).

At the time of the accident of this case, the road situation and the direction of the vehicle are as shown in the attached Form.

C. On May 15, 2013, the Plaintiff paid KRW 4,395,00 as the repair cost for the instant accident. On September 24, 2013, the Plaintiff filed an application for deliberation and resolution with the Defendant to the committee for deliberation and resolution on charges for reimbursement of automobile insurance. On April 7, 2014, the said committee for deliberation and resolution determined the liability ratio of the Defendant’s vehicle as 90%, and the responsibility ratio of the Plaintiff’s vehicle as 10%, and decided that the Defendant paid KRW 3,95,50 to the Plaintiff. However, the Plaintiff asserted the instant lawsuit against the said decision on April 25, 2014.

Article 26 (Lawsuit, etc.) ① of the Mutual Agreement on the Deliberation of Dispute over Compensation for Automobile Insurance (in cases of a request for review, a claimant may file a lawsuit, etc. against a dispute over compensation 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 (in cases of a request for review,

The plaintiff and the defendant all have a mutual agreement on the deliberation of car insurance disputes.

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