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(영문) 서울중앙지방법원 2017.11.08 2017나45546

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

1. Facts of recognition;

A. The Plaintiff is an insurer who has entered into an automobile insurance contract for the Plaintiff’s vehicle A (hereinafter “Plaintiff’s vehicle”), and the Defendant is the insurer who has entered into an automobile insurance contract for the Defendant’s vehicle B (hereinafter “Defendant’s vehicle”).

B. On September 13, 2016, the driver of the Defendant vehicle driving the Defendant vehicle and driving the side road abutting on the Dose Division located in Gangdong-gu Seoul Metropolitan Government, leading to the right side of the Defendant vehicle, leaving the vehicle bypassing to the entrance of the said Dose Division, which is right side of the front side of the vehicle in Gangdong-gu Seoul, and making it difficult for the Defendant vehicle to enter and stop on the way that the vehicle was moving back to the front side of the Defendant vehicle while moving back to the road along which the Defendant vehicle was driving. The front side of the Plaintiff vehicle, which was left behind the left side of the Defendant vehicle, was facing the front side of the left side of the Defendant vehicle.

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

After paying KRW 3,220,00 on the repair cost of the Defendant’s vehicle due to the instant accident, the Defendant filed a petition against the Plaintiff for deliberation by the Motor Vehicle Insurance Dispute Deliberation Committee. On January 9, 2017, the Deliberation Committee on the Compensation Money Dispute determined that the rate of liability for the instant accident was 80% on the Defendant’s vehicle and 20% on the Plaintiff’s vehicle, and decided that the Plaintiff paid KRW 644,00 to the Defendant (=3,220,000 x 20%).

Accordingly, the Plaintiff paid KRW 644,00 to the Defendant on February 2, 2017, based on the insurance contract for the Plaintiff’s vehicle.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5 (including each branch number, if any; hereinafter the same shall apply), Eul evidence No. 1, and the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s summary of the allegation did not see the Plaintiff’s vehicle that was stopped after the left side while the Defendant’s driver protruding down only the right side, and received the Plaintiff’s vehicle. The instant accident occurred due to the previous negligence of the Defendant’s driver, and stopped the course while driving the vehicle.