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(영문) 서울중앙지방법원 2018.07.26 2017나77086

부당이득금반환

Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

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

B. At around 09:40 on March 22, 2014, Defendant taxi, while proceeding one-lane of the two-lane road located in Seoul Special Metropolitan City, Nowon-gu, the opposite direction road along the bridged from the boundary of the bridge to the bridge, Defendant taxi her courseed the front part of the Plaintiff’s left side of the vehicle running along one-lane of the opposite direction while driving the illegal boom to boom his hand in order to get off the road and to get off the taxi on the bridge, and she shocked the front part of the Defendant taxi with the opposite direction. The Plaintiff vehicle shocked C along the road along the direction with the direction toward India to the right side of the Defendant vehicle. On the other hand, the Plaintiff vehicle continued to go into the road by facing India, facing electric poles and fire hydrants and stopped.

(hereinafter “instant accident”). The instant accident occurred, C (hereinafter “the deceased”)’s death after falling at a point 30 meters away from the shocking point of view, and D, which took place in India, suffered injury in line with the part of the Plaintiff’s vehicle.

C. The Defendant determined that the bereaved family members of the deceased would pay the above amount in the damages claim lawsuit filed against the Defendant by the bereaved family members of the deceased (Seoul Central District Court 2015dan508717).

430,582,930 won in total, including the payment of D medical expenses and agreed amounts 742,930 won, were paid as insurance proceeds.

The Defendant filed a petition with the Plaintiff for deliberation on the payment of KRW 86,116,586, equivalent to 20% of the insurance amount paid to the Plaintiff at the Deliberation Committee on the Settlement of Automobile Insurance Claims (hereinafter “Deliberation Committee”). The Deliberation Committee decided that the ratio of negligence of the Plaintiff and the Defendant’s vehicle was 20:80, and accordingly, the Plaintiff decided on January 2, 2017 to the Defendant.