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(영문) 서울중앙지방법원 2020.10.14 2019가단5271039
구상금
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff is an insurer who has entered into an automobile comprehensive insurance policy with respect to D vehicles driven by C (hereinafter “Plaintiffs”). The Defendant is an insurer who has entered into an automobile comprehensive insurance policy with respect to E vehicles (hereinafter “Defendant vehicles”).

B. Around 12:20 on March 23, 2018, while driving the Plaintiff’s vehicle and driving the intersection without signal at 46:934 o-gil, Suwon-si, Suwon-si, Suwon-si (hereinafter “instant intersection”), C discovered the Defendant’s vehicle going on the left side and operated the vehicle to the right side and caused the death of the Deceased (hereinafter “instant accident”) by shocking the pedestrian network F on the right side.

C. The Plaintiff paid insurance proceeds of KRW 80,242,200 to the bereaved family members of the Deceased and the Deceased on May 10, 2018, and KRW 80,242,200 on February 1, 2019.

On August 8, 2019, the Plaintiff filed a request for deliberation with the G Deliberation Committee (hereinafter referred to as the “Deliberation Committee”). On October 7, 2019, the Deliberation Committee, taking into account the fact that it is difficult for the Defendant’s vehicle to accurately verify the negligence that contributed to the occurrence of the instant accident, determined the liability ratio of the Plaintiff vehicle to 100% (hereinafter referred to as “instant decision”). E.

After that, the Plaintiff filed the instant lawsuit on November 11, 2019.

F. Of the “Agreement on the Deliberation of Disputes over Claims for Compensation against Motor Vehicle Insurance,” which serves as the basis for the establishment of the Deliberation Committee (hereinafter “instant Agreement. The Plaintiff and the Defendant are both parties to the instant Agreement), the contents relating to the instant case are as follows.

Article 18 of the Mutual Agreement on the Deliberation of Claims for Compensation for Automobile Insurance (Liability for Review) No agreement company shall first file a lawsuit with a court or file a claim for compulsory dispute resolution, such as a claim for arbitration (hereinafter referred to as "claim, etc.") with respect to a claim for compensation dispute unless the dispute settlement procedures set forth in this Agreement are terminated.

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