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(영문) 서울중앙지방법원 2017.10.13 2015가단5056621
기타(금전)
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The plaintiff is a company that runs the automobile maintenance business with its place of business in Yangcheon-ro, Gangseo-gu, Seoul and the defendant is a company that runs the insurance business.

B. On April 15, 2013, the Plaintiff entered into an insurance improvement fee agreement with Samsung Fire Damage Adjustment Services Co., Ltd. (hereinafter “Nonindicted Company”) with respect to the repair of an insured incident, under which the Defendant agreed on the application standards for the insurance improvement fee to be paid by the Defendant (hereinafter “instant fee agreement”).

C. The main contents of the instant fee contract are as follows.

Article 1 [Purpose of Contract] This contract determines the rights and obligations between the plaintiff and the non-party company with respect to the repair of the defendant's insurance accident caused by the insurance accident to the non-party company, and aims to promote mutual rights and interests by mutual agreement between the defendant and the non-party company.

Article 4 [Standards for Applying Maintenance Charges]

1. 24,550 won 24,550 won for maintenance, which applies to the cost of repair to calculate repair;

2. The working hours are subject to the Standard Work Hours Table and the painting table published by the Ministry of Land, Transport and Maritime Affairs at the time of 05 “the Ministry of Land, Transport and Maritime Affairs” under Article 16 of the Guarantee of Automobile Accident Compensation Act (hereinafter “Act”).

Provided, That where there are items of maintenance not specified in the standard work hours table and painting table, it shall be applied in consultation with each other.

4. The standard work hours table and painting table published by the Ministry of Land, Transport and Maritime Affairs in 205, and the standard work hours table and painting table which the Korea Insurance Development Institute, the Institute of Automobile Technology, and the Institute of Automobile Research and Development, shall apply to new types of vehicles;

Article 6 [Request for Repair Expense, Payment and Deduction]

3. Where the Plaintiff completed the automatic repair under the management of the non-party company, the Insurance Development Institute within seven days, except in extenuating circumstances of the Plaintiff.

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