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(영문) 서울남부지방법원 2016.06.17 2016나51632

부당이득금

Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

Facts of recognition

A. The Plaintiff is an insurer who has concluded a comprehensive automobile insurance contract with respect to a car A (hereinafter referred to as “Plaintiff”) and the Defendant is an insurer who has concluded a comprehensive automobile insurance contract with respect to a car B (hereinafter referred to as “Defendant vehicle”).

B. On March 29, 2015, around 20:47, the defendant vehicle, who was at the right turn and left turn, in the T-W-type Intersection, C-type Intersection in the fluora apartment complex in the Kimhae-si, Kim Jong-si, Kim Jong-si, and

(hereinafter “instant accident”). The collision part was the part on the left side of each left side of the original Defendant vehicle.

C. The Plaintiff paid KRW 1,213,580 to the Defendant insurance amounting to 50% of the negligence ratio according to the decision of the deliberation committee on the dispute over reimbursement of automobile insurance.

[Ground of recognition] The accident of this case occurred due to negligence of the defendant vehicle's assertion of the parties to the dispute by the plaintiff's assertion of the purport of Gap's 1 to 9, Eul's 1 to 3, and Eul's 1 to 3, and the purport of the whole pleadings.

Therefore, the defendant should return the money received according to the decision of the above commission as unjust enrichment.

The defendant's assertion that the accident of this case occurred due to the negligence that the plaintiff's vehicle is proceeding without the concession without examining the movement of the defendant's vehicle, which is going to the left at the TW Intersection.

Judgment

According to the statements and images of Gap 2, 3, and 7 (including paper numbers) each, there was no signal lights, chassis lines, and stop lines in the above TW-type intersection. The driver of the vehicle has a duty of care to safely drive the intersection by making the movement of other vehicles and the traffic situation more carefully checked at the time of the passage of the said intersection.

I would like to say.

Nevertheless, the plaintiff vehicle tried to go through the above intersection without carefully examining the progress of the defendant vehicle which attempted to turn to the left at the above intersection.