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(영문) 서울중앙지방법원 2019.07.04 2019나5009
약정금
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

purport:

Reasons

1. Basic facts

A. The Plaintiff is an insurer who has entered into an automobile insurance contract with respect to the automobile C (hereinafter “Plaintiff”), and the Defendant is a mutual aid operator who has entered into a mutual aid agreement with respect to the automobile D (hereinafter “Defendant”).

The Plaintiff and the Defendant respectively subscribed to the “Mutual Agreement on E” (hereinafter referred to as “Mutual Agreement”).

B. Around 00:01 on January 14, 201, the Defendant’s vehicle driven along five lanes at the point of the 71km East-gu Seoul, Seoyang-gu, Seoyang-gu, Seoul, along the five lanes, at the point of the 71km East-gu, Seoul, the lower part of the Plaintiff’s vehicle parked on the side, which was parked on the side.

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

On February 9, 2018, the Plaintiff paid insurance money of KRW 11,630,00 to the repair cost of Plaintiff’s vehicle due to the instant accident, and applied for deliberation and coordination of the amount of indemnity against the Defendant to the F Deliberation Committee organized under the mutual agreement (hereinafter “Deliberation Committee”).

On May 21, 2018, the Deliberation Committee rendered a decision to deliberate and coordinate the Plaintiff’s vehicle and the Defendant’s vehicle’s fault ratio of 10:90 on the instant accident (hereinafter “instant decision”) that the Defendant would pay KRW 10,467,00 to the Plaintiff.

The Plaintiff and the Defendant did not request a retrial or file a lawsuit within 14 days from the date of receiving the notice of the instant decision.

The provisions pertaining to this case among the provisions of the mutual agreement and the terms of the mutual agreement signed by the Plaintiff and the Defendant are as follows:

(A) The entry of evidence No. 3 shall be subject to the same contents in the case of a mutual agreement currently in force, but the location and phrases of the provisions are deemed to be somewhat modified). The claimant or respondent of Article 25 (Review of Decision of the Review Committee) of the mutual agreement may request a review within 14 days from the date of receipt of the notice of decision of the Review Committee.

Article 26 (Institution of Lawsuit, etc.) The claimant shall be the Deliberative Committee.

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