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(영문) 서울중앙지방법원 2019.05.15 2018가단5039528
구상금
Text

1. The Defendant shall pay to the Plaintiff KRW 64,976,918 and the interest rate of KRW 20% per annum from December 15, 2017 to the day of full payment.

Reasons

1. Basic facts

A. On February 2007, the Plaintiff and non-life insurance companies including the Defendant and the mutual aid associations, etc. enter into a mutual agreement on the deliberation of disputes over reimbursement of automobile insurance (hereinafter “instant agreement”) and obtain authorization from the Financial Supervisory Commission. The main contents of the instant agreement and the implementation agreement are as follows.

[Mutual Agreement on the Deliberation of Dispute over Claim for Automobile Insurance ] Article 1 (Purpose) of this Agreement aims to resolve disputes arising between an insurer and a mutual-aid businessman on the existence and scope of liability for automobile insurance or automobile mutual-aid as provided for in the Guarantee of Automobile Accident Compensation Act, etc. in a reasonable and economic manner.

Article 3 (Scope of Application) All agreements companies, participating entities, and agreed organizations shall be subject to the provisions of this Agreement and the Code of Implementation, and shall be bound to comply therewith.

Article 10 (Establishment of Deliberation Committee) (1) The Deliberation Committee shall be established to mediate and resolve disputes concerning the right of indemnity between agreement companies.

(2) The Deliberative Committee is a deliberative body which resolves to settle disputes of recourse between agreed companies under this Agreement.

Article 17 (Request for Deliberation and Commencement of Deliberation Procedure) (1) The procedures for the settlement of disputes on indemnity under this Agreement shall begin by the request for deliberation.

(2) An appellant may request the deliberation of a dispute concerning indemnity by specifying the appellee.

The method of requesting deliberation, cost bearing, and other necessary matters shall be prescribed by the implementation rules.

Article 18 (Obligation to Comply with Request for Review) All Agreements Companies shall not first file a suit with a court or file a claim for compulsory dispute settlement, including a claim for arbitration, (hereinafter referred to as “claim, etc.”) concerning a claim for recourse dispute, unless the dispute settlement procedures set forth in this Agreement are terminated.

Article 26 (Lawsuit, etc.) (1) The claimant shall be entitled to make a decision of the Deliberative Committee within 14 days from the date of receipt of a notice of the decision of the Deliberative Committee (where a request for review has been made, a notice of

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