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(영문) 서울중앙지방법원 2019.06.21 2018나59832

부당이득금

Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. The Plaintiff is an insurer who has concluded an automobile insurance contract with respect to C Vehicle (hereinafter “Plaintiff”). The Defendant is an insurer who has concluded an automobile insurance contract with respect to D Vehicle (hereinafter “Defendant vehicle”).

B. On June 14, 2017, around 06:30, the Plaintiff’s vehicle came to turn to the left at the intersection located in 93 Don-ro, Seo-gu, Daejeon, Seo-gu, Daejeon, at the intersection where 36 Don-do is located, according to the red on-and-off signal from the intersection to the direction of transmission distance from the intersection. On the left side of the Plaintiff’s vehicle, there was an accident where the two-lanes of the two-lanes of the two-lanes of the two-lanes from the direction of the vehicle’s driving to the middle-ri-dong 40 km speed from the direction of the direction of the vehicle’s driving to the middle-ri road at the speed of about 40 km (hereinafter “instant accident”).

C. Meanwhile, the Defendant paid the insurance money of KRW 4,748,10, which is equivalent to the physical damage of the Defendant’s vehicle caused by the instant accident, and filed a request for deliberation with the F Committee under the mutual agreement on deliberation on the dispute over the claim for reimbursement of automobile insurance by asserting that the Plaintiff’s negligence was found in the instant accident. On March 19, 2018, the F Committee decided to pay KRW 2,848,866 (=4,748,110 x 0.6) equivalent to the percentage of negligence out of KRW 4,748,110 (=4,748,110 x 0.6) of the amount of damages of the Defendant’s vehicle and paid KRW 2,848,8666 to the Defendant on March 29, 2018.

【Ground of recognition】 The fact that there has been no dispute, Gap's 1 through 10 evidence, Eul's 1 through 7, the purport of the whole pleadings and arguments

2. The assertion and judgment

A. The main point of the Plaintiff’s assertion is that the instant accident occurred due to the Defendant’s entry into the intersection in contravention of the speed while the Plaintiff’s vehicle first entered the intersection and left-hand turn at the time, without going through or concessioned by the Defendant’s vehicle.