부당이득금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. The Plaintiff is an insurer who entered into a comprehensive motor vehicle insurance contract with Nonparty D on the cargo vehicle owned by Nonparty D and its E freezing truck (hereinafter “Plaintiff”), and the Defendant is an insurer who entered into a comprehensive motor vehicle insurance contract with the FF vehicle (hereinafter “Defendant”).
B. On April 27, 2018, at around 09:50, the Defendant’s vehicle driven along the two-lanes of the 4156 provincial road in the Dong-gun, Chungcheongnam-gun, Chungcheongnam-gun, and the two-lanes of the two-lanes, conflict with the Plaintiff’s vehicle driving along the one-lanes while changing the two-lanes of the two-lanes. As a consequence, the cause of the collision with the Plaintiff’s vehicle going beyond the median line and the opposite one-lanes of the two-lanes of the other vehicle (hereinafter “victim”), resulting in the death of the victimized vehicle’s driver (hereinafter “instant traffic accident”).
C. The Defendant, who is the insurer of the Defendant vehicle, disbursed a total of KRW 339,522,050 as damages (i.e., an indemnity insurance for the driver of the victimized vehicle, KRW 330,491,550,000 for the personal indemnity insurance for the personal indemnity insurance for the driver of the victimized vehicle, and KRW 5,641,00 for the personal indemnity insurance for the personal indemnity insurance for the damaged vehicle ( KRW 3,389,50).
Since then, the Defendant filed a petition with the H Committee for deliberation against the Plaintiff, the insurer of the Plaintiff, seeking payment of KRW 101,856,615 with respect to the instant traffic accident by KRW 30%, and KRW 70%, which is the negligence of the Defendant’s vehicle, and KRW 101,856,615 with respect to the Defendant’
E. On August 19, 2019, the H Committee recognized that the instant traffic accident mainly occurred due to the negligence of the Defendant’s vehicle, but at the time of the collision, recognized that the Plaintiff’s vehicle was at a somewhat rapid speed, and decided to pay KRW 33,952,205 out of the insurance proceeds paid by the Defendant to the Defendant by deeming that the negligence of the Plaintiff’s vehicle was 10% and the negligence of the Defendant vehicle was 90%.
F. The notice of deliberation and decision is to the Plaintiff and the Defendant.