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(영문) 서울중앙지방법원 2016.04.08 2015가단5187402

부당이득금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The following facts may be found either as a dispute between the parties or as a whole by taking account of the following facts: Gap evidence 3, Gap evidence 4, Eul evidence 1-1, 2, Eul evidence 4, Eul evidence 5, Eul evidence 6, and Eul evidence 6:

The Plaintiff is an insurer who entered into an automobile insurance contract with B during the period from December 1, 2013 to December 1, 2014 with respect to the Plaintiff’s vehicle B (hereinafter “Plaintiff’s vehicle”).

Luxembourg The Defendant is an insurer who has entered into an automobile insurance contract with the DPoter vehicle (hereinafter referred to as “Defendant vehicle”).

B. (i) On December 27, 2013, around 13:27, 2013, the Plaintiff’s vehicle was driven, and around December 13:27, 2013, A shocked the back of the E Carp (hereinafter “K7 vehicle”) during the first-lane course at the coast guard line in the coast guard line and the middle point of the Songak ICT located in Song-gu, Song-gu, Song-gu, Seoul. Accordingly, the Ka FK7 vehicle (hereinafter “K7 vehicle”), while the Ka FK vehicle was pushed in the future, and the KaXG vehicle (hereinafter “G vehicle”) was pushed in the future, and the KaXG vehicle was pushed in the order of the KafG vehicle (hereinafter “G”).

(이하 ‘1차사고’라 한다). ⑵ 1차사고 이후 원고차량의 후행 차량인 H 그랜드체로키 차량(이하 ‘체로키차량’이라 한다)은 급제동하여 원고차량을 충격하지 않고 정지하였는데, 후행 차량인 피고차량이 체로키차량을 추돌하여 체로키차량으로 하여금 2차로로 튕겨나가게 한 다음 계속하여 원고차량을 추돌하였고, 이로 인하여 원고차량이 카니발차량을, 카니발차량이 K7차량을, K7차량이 그랜져XG차량을 재차 추돌하는 연쇄 추돌사고가 발생하였다(이하 ‘2차사고’라 한다). 다.

(1) In relation to the second accident, the defendant shall make a decision, etc. to the victims of the defendant vehicle and the body-kid vehicle.