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(영문) 서울중앙지방법원 2017.05.19 2016가단5165102

부당이득금

Text

1. The Defendant’s KRW 5,204,764 as well as the Plaintiff’s annual rate of 5% from July 26, 2016 to May 19, 2017.

Reasons

1. Basic facts

A. With respect to B vehicle B (hereinafter “Plaintiff vehicle”), the Defendant is the insurer who concluded each comprehensive automobile insurance contract with C with respect to D vehicle (hereinafter “Defendant vehicle”).

B. At around 04:55 on March 28, 2015, E driven the Defendant’s vehicle, driving the front part of the Defendant’s vehicle, driving on the two-lanes of the two-lanes at the 2km of the 2km located in the front side of the Clank-gun, Yan-gun, Yan-gun-gun, Saman-gun, Seoul, in the direction of the Clank-gun, the front part of the Defendant vehicle, driving on the front part of the G vehicle of the F driver’s (hereinafter “small vehicle”), driving on the front part of the CF driver’s vehicle, and driving on the front part of the CF driver’s vehicle over the two-lanes.

(hereinafter referred to as "accident"). (c)

A A, around 04:57 on March 28, 2015, driven the Plaintiff’s vehicle and proceeded in the place where the said accident occurred. On the other hand, it was found that the Defendant’s vehicle, which was driven over the two-lanes at the place where the said accident occurred, was suddenly driven, but it was not immediately driven, and the lower part of the Defendant’s vehicle, which was driven over the front part of the Plaintiff’s vehicle, was cut off by one lane after receiving the bottom part of the Defendant’s vehicle, and the Defendant’s vehicle stopped the final stop on the right side due to the drilling of the Plaintiff’s vehicle.

(hereinafter “instant accident”). D.

The Defendant, as the insurer of the Defendant vehicle, paid KRW 52,047,690 of the insurance money to E, who is the driver of the Defendant vehicle, and thereafter, on February 5, 2016, the liability for the instant accident was also borne by the Plaintiff’s vehicle operator. As such, the Plaintiff, the insurer of the Plaintiff, received the “written request for deliberation” requesting the Defendant to pay KRW 26,023,845, which is equivalent to 50% of the considerable liability ratio to the Plaintiff’s vehicle. On May 2, 2016, the indemnity deliberation committee received the instant accident as the subject of medical deliberation by the Non-life insurance association as a matter of the causal relationship between the accident and the injury.