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(영문) 서울중앙지방법원 2018.12.13 2018나37382

부당이득금

Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. On June 30, 2017, around 21:45, a claim for return of unjust enrichment related to a traffic accident that occurred at a point 51 km (see attached Form accident site map) at a point 51 km away from the Yansan-ri, Yannam-gun's roof and the Yannam-do Highway.

2. The instant accident is an accident where the part of the back part of the Plaintiff’s vehicle (B vehicle and the accident site map “Ma 2”) which was driven along one lane in the condition that the Plaintiff’s vehicle (hereinafter “W vehicle”) driven along the two-lanes from the west on the west side of the Highway to the west side of the two-lanes road and stopped on the said two-lanes due to a breakdown at the point of the said accident is the front one. The instant accident is an accident where the Defendant’s vehicle (hereinafter “B vehicle and the accident site map”) was driven along one lane. The instant accident was caused by the principal negligence of the Defendant’s vehicle, which was parked in the front one due to his neglect of the front one, and it is difficult for the Plaintiff to take necessary measures to prevent subsequent accidents, such as installation of the sign of the vehicle at the rear side of the Plaintiff’s vehicle, but it is difficult to view the vehicle’s vehicle to have been driven in the front and rear road at the time of its failure to take necessary measures to ensure safe operation after the Plaintiff’s vehicle’s arrival.