부당이득금
1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.
The defendant.
1. Basic facts
A. The Plaintiff is an insurer who has concluded each insurance contract with respect to D Motor Vehicles (hereinafter “Defendant”), with respect to D Motor Vehicles (hereinafter “Defendant Motor Vehicles”).
B. On December 1, 2016, the driver of the Defendant vehicle left the front road E at a time of residence on December 17:15, 2016, bypassing the front road from the F apartment room to the offside of the running distance room, and, in order to turn to the G funeral hall, the driver of the Defendant vehicle shocked the Plaintiff vehicle running one lane from the third lane of the offside distance to the one lane in the offside of the offside of the G funeral hall while changing from the third lane to the one.
(hereinafter referred to as “instant accident”). C.
The defendant paid 255,00 won at the repair cost of the defendant's vehicle.
H On August 5, 2019, the Plaintiff’s fault ratio of the Plaintiff’s driver and the Defendant’s driver is 10%: 90%; and 45,500 won, including the repair cost of the Defendant’s 255,000 won and the self-paid charges of the Defendant’s 200,000 won under the insurance contract on the Defendant’s vehicle, determined that the Plaintiff paid 45,500 won to the Defendant, and the Plaintiff paid 45,500 won to the Defendant on August 19, 2019.
[Reasons for Recognition] Unsatisfy, Gap evidence 1 to 8, Eul evidence 1 to 3, the purport of the whole pleadings
2. Determination
A. The time and place of the instant accident recognized prior to the fault ratio, the time and place of the instant accident, and the passage from three lanes to one lane to one lane in order to walk, after the Defendant’s vehicle moved to the right side of the off-dong distance, as in the F apartment bank road where the Defendant’s vehicle is a small road.
In full view of the circumstances, etc. of the instant accident, such as the occurrence of the instant accident, it is reasonable to regard the negligence ratio between the Plaintiff’s driver and the Defendant’s driver on the instant accident as 10%: 90%.
B. The Defendant’s reimbursement amount of KRW 455,00 (2) the Defendant’s insurance payment of KRW 255,000 (3) the insured’s self-payment of KRW 200,000 (4) the Plaintiff’s liability ratio is 10%.