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(영문) 서울중앙지방법원 2018.12.11 2018나50620
구상금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Facts of recognition;

A. With respect to A vehicle (hereinafter “Plaintiff vehicle”), the Defendant is an insurer who has concluded each automobile insurance contract with respect to B vehicle (hereinafter “Defendant vehicle”).

B. On June 16, 2017, around 09:40, the Plaintiff’s vehicle is proceeding along one lane on a two-lane road adjacent to the Yadong-ri Apartment apartment (hereinafter “instant road”). While the Defendant’s vehicle proceeding the two-lane of the instant road while changing the course of the Plaintiff’s vehicle, the vehicle was facing the front side of the right side of the Plaintiff’s vehicle to the left side of the Defendant’s vehicle.

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

On July 28, 2017, the Plaintiff paid KRW 1,061,540 as the repair cost of the Plaintiff’s vehicle. D.

On the other hand, the Plaintiff filed a claim against the Defendant for deliberation on the claim for reimbursement of automobile insurance, and the committee for deliberation on the claim for reimbursement of automobile insurance decided on December 11, 2017 at 20%:80% of the negligence ratio between the Plaintiff’s driver and the Defendant’s driver (hereinafter “instant decision”), and the objection period against the instant decision was January 4, 2018.

E. On January 24, 2018, the Plaintiff sent to the Defendant a written consent of the lawsuit stating that “I wish to proceed with the instant accident, I wish to respond to my opinion,” and the Defendant sent to the Plaintiff a reply stating that “I consent to the consent of the lawsuit.”

[Ground of recognition] Facts without dispute, entries in Gap evidence 1 to 6, images, the purport of the whole pleadings

2. Determination

A. The validity and invalidation of the instant decision constitutes a reconciliation contract under the Civil Act, which is settled by mutual concession of the dispute concerning the payment of indemnity according to the instant accident.

However, as long as it is obvious that a compromise contract is a kind of contract, it may be rescinded by mutual agreement between the parties (see Supreme Court Decision 97Da43499 delivered on January 20, 198), the instant decision is rendered.

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