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(영문) 부산지방법원 2015.01.23 2014나43233

부당이득금반환

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. Basic facts

A. The Plaintiff is a mutual aid business entity that has entered into a motor vehicle mutual aid agreement with A on the B-si owned by it (hereinafter “Plaintiff”), and the Defendant is an insurer that entered into a comprehensive motor vehicle insurance contract with C, which includes a special agreement on non-insurance coverage for D-owned vehicles.

B. On December 10, 201, E driven a FF vehicle (hereinafter “AF vehicle”) around 22:15 on December 10, 201, and met the part on the left-hand side of the back-hand part of the Plaintiff’s vehicle driving on the left-hand side from the right-hand side of the moving direction while he was in front of the H in Busan East-gu G from I to J-side.

C. Since then, the vehicle was faced with K (C’s son; hereinafter “victim”) who is prone to the Jn-doging on the side of the J, and the victim was able to transfer the vehicle to the main part of the NA, while leaving the vehicle to the main part of the Jn-dog at the intersection at the entrance of the Jn-dog, so that the victim was deprived of the victim on the street.

(hereinafter “the instant accident”). The instant accident suffered injury, such as the victim’s alley-one-one-one-one executive staff member of the closed end.

Accordingly, the victim claimed the amount of non-insurance accident insurance against the defendant, who is the insurer of C, and the defendant paid the amount of 16,771,700 won to the victim.

E. After that, the Defendant made a request for deliberation (hereinafter “instant request for deliberation”) to the committee for deliberation on disputes over automobile insurance (hereinafter “the Deliberation Committee”) under the No. 2012-019137 with the Plaintiff as the respondent. On February 25, 2013, the Deliberation Committee made a decision on the instant request for deliberation on February 25, 2013, on the ground that “the negligence of the Plaintiff’s vehicle is determined to be 30% from the accident between the L/C and the Plaintiff’s intersection, but considering the act of expanding the damage of the L/C thereafter, the Defendant shall consider the act of expanding the damage of the L/C, 90% of the Defendant’s liability ratio, 10% of the respondent’s liability ratio, 10% of the decided amount, 274,649 won.”