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(영문) 부산지방법원 2016.05.27 2015나17712
약정금
Text

1. Of the judgment of the court of first instance, the part against the defendant in excess of the money ordered to be paid below shall be cancelled.

Reasons

1. Facts of recognition;

A. The Plaintiff is an insurer who entered into an automobile insurance contract with A with respect to BM3 vehicles owned by A (hereinafter “Plaintiff vehicle”). The Defendant is an insurer who entered into an automobile insurance contract with C with respect to DF vehicles owned by C (hereinafter “Defendant vehicle”).

B. On November 14, 2014, the Plaintiff’s vehicle was proceeding from the west Distribution Complex of Gangseo-gu, Busan Metropolitan City to the west Distribution Complex from the west of the Kimhae Airport to the west Distribution Complex, and the part located in the middle of the front door of the right side of the Plaintiff’s vehicle and the middle of the rear seat are shocked (hereinafter “the instant accident”). The part of the left side of the Defendant’s vehicle, which entered the road and returned to the gate, was shocked (hereinafter “the instant accident”).

C. In the instant accident, the Plaintiff paid KRW 2,033,00 to the maintenance office at the repair cost of the Plaintiff’s vehicle.

As a dispute arises between the Plaintiff and the Defendant regarding the instant accident, the Plaintiff filed a petition for deliberation with the Motor Vehicle Insurance Claim Deliberation Committee (hereinafter “Separate Inquiry Committee”). On April 8, 2015, the Separate Inquiry Committee rendered a decision that the Defendant shall pay KRW 813,200 to the Plaintiff (hereinafter “instant deliberation and resolution”) since the Plaintiff’s liability ratio with respect to the instant accident was 60%, and the Defendant’s liability ratio was 40%, following the consultation procedure on the claim for small-sum reimbursement (hereinafter “instant deliberation and resolution”).

E. The Plaintiff and the Defendant are business operators who subscribed to the mutual agreement on deliberation of car insurance disputes, and the main contents of the said mutual agreement’s enforcement agreement are as follows.

(1) The claimant and the respondent shall appoint not more than five representatives, respectively, within the period stipulated in Article 14 (1) 3, to hold consultations on the claim for small-sum reimbursement as stipulated in Article 21 (1) of the Agreement.

(9)

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