부당이득금
The plaintiff's claim is dismissed.
Litigation costs shall be borne by the plaintiff.
1. Basic facts
A. The Plaintiff is a mutual aid business entity that has entered into a motor vehicle mutual aid agreement with respect to C Freight Vehicles (hereinafter “Plaintiff 1”) and D Freight Vehicles (hereinafter “Plaintiff 2”).
The defendant is an insurer who has concluded an automobile insurance contract with respect to E and F Cargo Vehicles (hereinafter referred to as "Defendant Vehicle").
B. On December 26, 2017, around 06:34, the driver G of the Defendant vehicle caused two-lanes around 147 km in the direction of the dwelling at the spump road located in the Geumnam-ri, Seogyeong-ri, G, who moved into the two-lanes near 147 km in the speed of 140-143 km, following the Hump truck, the left part of the vehicle was inferred (hereinafter “instant preceding accident”).
C. immediately after the instant preceding accident, Plaintiff 1 stopped the left side of Defendant 1’s vehicle, and subsequently, Plaintiff 2 shocked the left side of Defendant 2’s vehicle.
(hereinafter referred to as “accident after the instant accident,” and when called as the preceding accident, hereinafter referred to as “the instant accident”). A person who was seated adjacent to the driver of the instant accident was killed, and J who was aboard the I back of the accident was injured.
The Defendant paid KRW 90,00,000 to the heir of the Victim I who died of the instant accident, and KRW 32,061,630 to the Victim J who was injured.
E. The Defendant filed a petition with the victim I and J for deliberation on the damage of the instant accident, 122,061,630 won with the victim of the instant accident, with the Plaintiff as the respondent, at the committee for deliberation on the damage disputes over automobile insurance.
The Deliberation Committee decided that the negligence of the defendant vehicle 67%, the negligence of the plaintiff 1, and the plaintiff 2 shall be 33%, and the plaintiff shall pay 40,940,337 won to the defendant.
F. On July 16, 2019, the Plaintiff paid the Defendant the amount of KRW 40,940,337 equivalent to the ratio of negligence to 33% as the amount of indemnity, and filed the instant lawsuit on July 17, 2019.
[Reasons for Recognition] A’s 2, A’s 3-1, 2, and A’s 6-1, 2, and 6.