부당이득금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Facts of recognition;
A. The Plaintiff is an insurer who has concluded each automobile insurance contract with the E and DDama Co., Ltd. (the Plaintiff’s vehicle), and the Defendant is an insurer who has concluded each automobile insurance contract with respect to the E and Frostex (the Defendant vehicle).
B. At around 18:10 on December 27, 2016, G driven the Plaintiff’s vehicle, while driving the Plaintiff’s vehicle and driving the 3-lane near the I in Kim Jong-si, and changing the said three-lane from the two-lane to the one-lane without using the direction, etc. immediately after the direction, etc. from the right side of the Kim Jong-si, G driving the two-lane. The J driving the said three-lane to the direction side from Kim Jong-do and driving the said three-lane to the two-lane, and driving the said three-distance toward the Plaintiff’s vehicle. The Defendant’s vehicle driving the L turned to the one-lane following the Otoba, and then the J died (the instant traffic accident).
C. The Defendant paid 80,345,110 won to his bereaved family members.
On March 30, 2017, the Plaintiff paid 16,000,000 won for indemnity to the Defendant. On October 22, 2018, the Dispute Mediation Review Committee recognized the negligence of the Plaintiff’s vehicle as 40% and paid the amount of indemnity to the Defendant as KRW 16,138,040 on November 7, 2018.
On the other hand, on May 19, 2017, with respect to the driver G of the Plaintiff vehicle, the prosecutor: (a) changed the lane without discovering the error; and (b) acknowledged the fact that G did not turn on direction direction, etc. immediately thereafter; (c) on the ground that it is difficult to readily conclude that the Plaintiff’s negligence exceeded the ozone due to L’s negligence, in light of the characteristics of the earth and sand, and the fact that the surface may fall short of the surface or if there are foreign substances, the surface may fall short of the surface without the influence of other vehicles.
[Ground for Recognition: Facts without dispute, Gap 1 through 10, purport of the whole pleadings]
2. The Plaintiff does not have a duty to pay the amount of indemnity because the instant traffic accident occurred regardless of the change of the Plaintiff’s lane.