beta
(영문) 청주지방법원 2018.03.14 2017나2404

부당이득금반환

Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a mutual aid business entity that entered into a mutual aid agreement with the company, the owner of the Plaintiff’s vehicle A (hereinafter “Plaintiff’s vehicle”), and the Defendant is an insurance company that entered into an automobile insurance contract with respect to the vehicle B (hereinafter “Defendant’s vehicle”).

B. Around 13:30 minutes of December 27, 2016, the driver of the Plaintiff’s vehicle, while driving the Plaintiff’s vehicle on the side of the Defendant’s vehicle that was parked on the side of the two-lane side in the same direction, was driving the Defendant’s vehicle in front of Sejong in the direction of the side of the side of the side of the two-lane direction.

(hereinafter referred to as “instant accident”). C.

After paying KRW 31,750,000 to the Defendant’s automobile insurance money, the Defendant filed a request with the Plaintiff for deliberation by the committee for deliberation on automobile insurance disputes. On April 17, 2017, the Deliberation Committee decided that the Plaintiff shall pay KRW 31,750,000 to the Defendant on the premise that the instant accident was entirely caused by the negligence of the Plaintiff’s vehicle.

(hereinafter “Deliberation and Determination of this case”) D.

On May 10, 2017, the Plaintiff paid 28,990,000 won to the Defendant according to the deliberation and resolution of the instant case.

[3] The driver of any motor vehicle under Article 32 (Prohibition of Stopping and Parking Motor Vehicles) of the Road Traffic Act shall not stop or park a motor vehicle in any of the following places:

Provided, That the same shall not apply where this Act, an order issued under this Act or an instruction of a police officer is complied with and the temporary suspension is made in order to prevent danger.

1. An intersection, crosswalk, road crossing, the sidewalk of a road divided into a sidewalk and a roadway (excluding any on-road parking area established across both a roadway and sidewalk);

2. A place that is located within 5 meters from the edge of an intersection or the corner of a road;

3. A place located within ten meters from any side of a safety zone on a road marked with a safety zone;

4. Buses;